CPC-JUNE 2020 : simplebooklet.com

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CANADIAN PETROLEUM IN THIS ISSUE 4 Board Message 5 Regional News 8 OPCA Annual Conference Highlights 12 How commercial lease terms affect gas bars pollution liability 14 POST News CONTRACTOR An official publication of the CPCA CANADIAN PETROLEUM advertisers CONTRACTOR An official publication of the CPCA Canada Brokerlink Inc 11 Canadian Petroleum Contractors Association 3 5 Clarkway Construction Ltd 15 Convenience U CARWACS Show 16 Leak Technologies Solutions Limited 6 National Energy Equipment Inc 2 Petroleum Oriented Safety Training 10 Pumps Pressure Inc 15 Steelcraft Inc 7 Western Oil Services Ltd 11 Advertising Sales and Editorial Offices Ensemble IQ 20 Eglinton Avenue West Suite 1800 Toronto ON M4R 1K8 Telephone 416 256 9908 Toll free 1 877 687 7321 Fax 888 889 9522 Contact Elijah Hoffman Ext 1009 ehoffman ensembleiq com PM42940023 JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 3

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Board message A Message from the Board of Directors As our last issue was in the beginning of March it is hard to believe how much things have changed in this short period of time We hope you are all healthy and safe We encourage you all to continue working safely throughout this challenging period There are some excellent online resources available on additional measures that can be taken to keep you and your employees safe If you have questions regarding the coronavirus disease COVID19 please see the helpful guidance provided by the Canadian Construction Association They have compiled protocols and recommendations for working on construction sites which you can download online Visit the CPCA website for details We still do not know how long we will have to practice social distancing and limit gatherings and because of this we have cancelled any CPCA Training Certification in class review sessions for the foreseeable future We are currently looking at alternative delivery methods however we also need to determine how to deliver certain practical components as well as administering the examinations we will keep students currently enrolled in the programs informed of any updates Stay safe cpca board of directors BOARD OF DIRECTORS CPCA MEMBER ASSOCIATIONS Alberta Petroleum Storage Systems Contractors Association Association des Entrepreneurs P troliers du Qu bec Inc British Columbia Petroleum Contractors Association Manitoba Petroleum Contractors Association Ontario Petroleum Contractors Association Saskatchewan Retail Petroleum Construction Association ALBERTA Marcus Cormier Cantest Solutions Tel 403 912 9129 Ext 12 mcormier cantest net Kim Hansen MI Petro Tel 866 563 7868 khansen mipetro com MANITOBA Chad Kenwood Century Ptetroleum Construction Tel 204 694 2230 centpet mts net ONTARIO Gord Thompson Comco Canada Inc Tel 705 728 0905 gord thompson comcocanada com Ken Jamieson Kenstruct Ltd Tel 855 912 8453 ken kenstruct ca QUEBEC Guy Rochon Service Construction Mobile Lt e Tel 418 688 5751 grochon groupemobile com Louis Rizzetto quipement National nergie Tel 514 489 8281 lrizzetto nee ca SASKATCHEWAN Arlene Wright Capital Petroleum Services Ltd Tel 306 757 3533 arlene_cps sasktel net Mike Seibel National Energy Equipment Inc Tel 306 665 0223 mseibel nee ca BRITISH COLUMBIA Margo Middleton Middleton Petroleum Tel 250 372 7742 midpet shaw ca CPCA OFFICE Michelle Rae Administrator Mailing Address 51 King St Unit 8 Barrie ON L4N 6B5 Toll Free 1 866 360 6722 Tel 705 735 9437 Fax 705 735 9418 info cpcaonline com Web www cpcaonline com OFFICERS Marcus Cormier President Louis Rizzetto Vice President Kim Hansen Secretary Chad Kenwood Treasurer 4 CANADIAN PETROLEUM CONTRACTOR JUNE 2020

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REGIONAL NEWS NEWS FROM THE OPCA By Michelle Rae OPCA COVID 19 and Construction Sites As we know there is a lot of information to navigate and we are doing our best to provide as much relevant information as possible including links to additional information that you may find beneficial Although some information is province specific it still may contain guidelines beneficial to your company We have also hosted several webinars with industry partners such as Weirfoulds Law and National Bank Financial and will continue to provide these information sessions as new or relevant information becomes available We have also provided links to our members for safety supplies and PPE please contact the OPCA for more information TSSA Updates The TSSA compiled the existing requirements contained in the LFHC for underground single wall equipment for easy reference This advisory does not contain any new requirements but covers requirements including grandfathered installations leaking Single Wall Steel USTs Out of Service Single Wall USTs Cathodic Protection Tests Leaking Single Wall Steel Piping Fittings Culverts and Leak Detection Visit the OPCA website for more information OPCA Golf tournament The OPCA Annual Charity Golf tournament is scheduled for September 25 at the Innisbrook Golf Course in Barrie The tournament supports the Threads of Life association promoting safety in the workplace and helping families that have been affected by a workplace tragedy As we wish to make this event as enjoyable as possible we will also be monitoring the recommendations on group gatherings and determining whether we proceed as we get closer to the date OPCA Training Due to the pandemic the OPCA has postponed our in class review and exam sessions for the foreseeable future While we are looking at alternative methods of delivering these sessions the exams are not available online We encourage members and their employees to enrol in the programs as the courses do need to be completed prior to attending a review and exams session and many components are completed online Contact the OPCA for more information JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 5

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REGIONAL NEWS NEWS FROM APSSCA By Marcus Cormier President With the Province of Alberta having restricted gatherings of 15 people or more and the City of Calgary having cancelled all public events until June 30 2020 the board of directors of the Alberta Petroleum Storage Systems Contractor s Association has made the decision to cancel its annual golf tournament scheduled for June 4 and will move the Annual General Meeting to the end of June using an online format This will allow us to formally receive our annual Precision Testing And Inspection Specialists Precision leak testing company for all your underground leak testing requirements Leak testing for all your aboveground testing requirements Very little disruption to your day to day operation CPCA certified technicians Competitive rates Helium Pinpoint leak locating service 3rd party inspection of underground and aboveground storage tank system Toll Free 1 866 565 2611 www leaktechsol ca 6 CANADIAN PETROLEUM CONTRACTOR JUNE 2020 financial statements elect directors and re appoint officers for the upcoming year in accordance with our bylaws More details on date time and meeting access will be sent directly to the membership The COVID 19 situation has presented some challenges to petroleum contractors across the country Our industry provides installation and maintenance services to critical infrastructure and facilities such as fuel service stations and backup generator systems Our work is essential to the continuity and operability of these critical infrastructures and facilities We encourage you to continue to work safely and follow the recommended protocols On page 4 board message you will find a number of guidelines available to help your staff continue to work safely while mitigating the risks related to the COVID 19 virus Changes to Delegated Authority On April 27 the Government of Alberta announced the Safety Codes Council the Council will become the delegated authority for permitting inspections for flammable and combustible storage tank systems and spill incident reporting for tank operators currently administered by the Petroleum Tank Management Association of Alberta PTMAA This transition will commence on June 8 2020 APSSCA has had a long standing relationship with PTMAA with ongoing involvement between both organizations PTMAA representatives have participated on the APSSCA Board of Directors for many years including Managing Director Don Edgecombe and Fire Safety Codes Officer Cathy Coutu The APSSCA has valued this relationship with PTMAA and we look forward to supporting both PTMAA and ASCA during this transition We hope to establish the same proactive working relationship with the Council and welcome their representatives to the APSSCA group Kristopher Schmaltz Administrator for Certification recently met with Michelle Rae of CPCA to discuss the transition in endorsement of the Petroleum Mechanic certification program Due to the program being long established in Alberta the Council has indicated their continued support of the program and looks forward to working with APSSCA and CPCA to maintain this certification standard in Alberta For more information on the announcement please visit the Safety Codes Council website at www safetycodes ab ca

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NEWS FROM AEPQ By Louis Rizzetto AEPQ The AEPQ is excited to announce the program for Petroleum Mechanic certification has been finalized While this news and subsequent roll out of the program has been overshadowed by the current pandemic we are still proud of the work that has been done and encouraged that a formal program is finally in place and ready to be delivered CEMEQ has been working for several years now on the training material and additional multimedia study tools to be used by both the students and instructors The material and program framework have been developed in harmonization with the CPCA program We met this past January with representatives from CEMEQ Emploi Quebec and CPCA to present the program including the material and processes Michelle Rae training program manager for the CPCA congratulated the group on the accomplishment acknowledging the incredible amount of work that has gone into the process CEMEQ a non profit organization created in 1993 will be delivering the program The program was developed with phases for teaching learning and assessment Designed according to a skills based approach it provides the knowledge necessary for individuals who are entering the petroleum mechanic industry as well as for experienced technicians The AEPQ will continue to work with all parties involved to keep their members informed of the status of the program and the expected rollout DES NOUVELLES DE L A PQ Par Louis Rizzetto AEPQ L A PQ est heureuse d annoncer que la version finale du programme de certification de m canicien p trolier est achev e Bien que cette nouvelle ainsi que le lancement du programme aient t clips s par la pand mie actuelle nous demeurons fiers du travail accompli et encourag s par la perspective de la mise en uvre d un programme formel Le CEMEQ travaille depuis plusieurs ann es l laboration des supports pour cette formation et d outils d tudes multim dias suppl mentaires destination des tudiants comme des instructeurs Les supports et le cadre du programme ont t labor s conform ment au programme de la CPCA En janvier nous avons rencontr des repr sentants du CEMEQ d Emploi Qu bec et de la CPCA pour leur pr senter le programme notamment les supports et les proc dures Michelle Rae gestionnaire des programmes de formation de la CPCA a f licit le groupe pour cette r ussite en soulignant notamment l ampleur du travail accompli Le CEMEQ un organisme sans but lucratif fond en 1993 assurera la prestation du programme Ce programme comprend des phases d enseignement d apprentissage et d valuation Con u selon une approche fond e sur les comp tences il offre les connaissances n cessaires pour les personnes qui d butent dans le secteur de la m canique p troli re comme pour les techniciens exp riment s L A PQ poursuivra son travail aupr s de toutes les parties concern es pour tenir ses membres inform s du statut du programme et du lancement pr vu Steelcraft Partner with Excellence Check out our new website www steelcraftinc com or call us at 1 800 265 8840 Since 1923 Steelcraft has collaborated with consulting engineers end users general contractors and petroleum contractors to develop cost effective reliable and safe storage solutions for flammable fuels and liquids We offer a variety of storage solutions across two orientations horizontal and vertical four containment styles single wall double wall vacuum monitored double wall integral contained static head and a wide range of capacities from 5000 L to 150 000 L In addition to our expertise with aboveground storage solutions we offer integrated design engineering and custom metal fabrication solutions for a variety of other product categories including field erect tanks pressure vessels and more Please note that Steelcraft s ULC listed aboveground storage tanks are not currently available for sale to Western Canada For industry leading aboveground storage solutions contact us today JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 7

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The OPCA held its annual conference on March 2 4 2020 in Toronto Events were held in conjunction with The Convenience U CARWACS Show at the Toronto Congress Centre Also in conjunction with the conference the OPCA hosted a full day of training seminars provided by industry manufacturers and distributors The companies that participated in the training sessions this year were NOV Veeder Root Franklin Fueling Red Leonard Associates OPW ZCL Icon PD McLaren and joining us for the first time this year National Energy Equipment We thank these companies for their continued participation in providing these sessions for our members and their employees The OPCA also extends the invitation to staff and inspection team members from the Technical Standards and Safety Authority to attend these sessions and appreciate their involvement in our event The OPCA hosted a POST safety forum on March 3 at the Toronto Congress Centre The safety forum was attended by contractors and oil companies from Ontario as well as several from across Canada Guest speakers included Craig Bennett of Suncor Energy who discussed Suncor s Life Saving Rules and how they tie in with POST requirements and critical procedures and Erin Yarosh of BGIS discussed some of the root causes of mental health issues in the workplace including talking with your workers and the importance of developing a mental health program for your workplace Adrian Holierhoek from Worksite Safety also discussed JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 9

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best practices for confined space work on petroleum sites including rescue procedures and equipment used for tank sump entry one of the most frequent tasks involving confined space work TOP Keynote Speakers Krista Chaytor left and Michael Swartz BOTTOM OPCA VP Terry Ablett right and Carmen Villeneuve 10 CANADIAN PETROLEUM CONTRACTOR JUNE 2020 OPCA Annual General Meeting The OPCA held its annual general meeting on March 5 at the Toronto Congress Centre OPCA Vice President Terry Ablett took over chairperson duties for President Ken Jamieson who was unable to attend Terry thanked OPCA members for attending and welcomed guests including Zenon Fraczkowski and Ann Marie Barker representing TSSA and Nathan Fahey and Erick Morales from the Ministry of Government and Consumer Services Ann Marie Barker also provided a presentation reviewing the current requirements for single wall equipment including grandfathered installations cathodic protection testing and leak detection Terry presented the OPCA annual year in review via video presentation The presentation included an interview with OPCA President Ken Jamieson Ken discussed the OPCA s various programs and initiatives including petroleum mechanic training the Petroleum Oriented Safety Training program and OPCA s latest initiative a training program for generator installations

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David Mason of Canada Brokerlink manages the OPCA insurance program for environmental and contractor liability insurance as well as personal insurance for OPCA members and their employees Dave presented the results from the OPCA insurance program which includes General Liability Environmental Liability Automobile contractor s equipment and property insurance Along with discussing the results and current market conditions of the general insurance industry Dave also discussed the insurance coverage issues around snow removal operations and cyber breach exposures Another presenter was Michael Kaloussian of LVM Tech who introduced new services available for OPCA members including GPS tracking and cell phone plans The plans are also open to companies within the POST and CPCA communities and all are welcome to contact Michael via the OPCA or POST websites for further information The OPCA is pleased to be working with LVM to deliver even more value by integrating wireless products with other LVM Tech solutions such as tracking Mobile Device Management and documentation During the Board of Directors election it was announced the Lance Mullett and Carmen Villeneuve were retiring from their Board positions While Lance was not in attendance both he and Carmen were acknowledged for their participation on the Board and presented with tokens of appreciation During the election four new directors were elected Dwayne McDonald of BGIS EFS Rick Lombardi of BGIS Matthew Field of Tanknology and Zachary Villeneuve of Alf s Pump Service We are excited to see new members on the Board and look forward to their participation We would also like to acknowledge our sponsors of this year s conference We appreciate their continued support of the OPCA We would also like to acknowledge the support of Ensemble IQ and The Convenience U CARWACS Show for their support of the OPCA conference We look forward to our continued partnership and next year s event Stay tuned for details for 2021 OPCA 2020 CONFERENCE SPONSORS C anada Brokerlink CPCA KMD National Energy Equipment Waleco Wayne Fueling Systems P D McLaren Hi Sharp Products Inc Technical Standards Safety Authority TS Technical College ASI Fluid Management 19840 57A Avenue Langley BC V3A 6G6 Tel 604 514 4787 Fax 604 514 4688 sales westernoilservices com Fuel Storage Handling and Monitoring Expertise for Nearly 70 Years 1 800 663 2097 www westernoilservices com Proudly Serving The Petroleum Industry Since 1950 Proudly serving the insurance needs of Petroleum Contractors since 1993 At BrokerLink our commercial insurance specialists offer a complete range of insurance products and services through our Petroleum Contractors insurance program We help find you insurance with real value and the most appropriate coverage possible For more information or a no obligation insurance review contact David Mason today BrokerLink ca 705 840 0780 email dmason brokerlink ca Services available in Ontario through Canada Brokerlink Ontario Inc BrokerLink Design is a trademark of Canada Brokerlink Inc used under license Copyright 2012 Canada Brokerlink Inc All rights reserved JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 11

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HOW COMMERCIAL LEASE TERMS AFFECT GAS BARS POLLUTION LIABILITY Historical contamination played a part in court ruling By Greg Meckbach If a retail gas station has to remove underground tanks and contaminated soil is the landlord or tenant responsible for the costs Much of it depends on the terms of the lease and case law around commercial tenants trade fixtures a recent Alberta Court of Queen s Bench ruling suggests In 1200144 Alberta Ltd v Land s Happy Mart Ltd Justice Wayne Renke awarded more than 100 000 in damages to the numbered company that owns a mall in Sherwood Park 12 CANADIAN PETROLEUM CONTRACTOR JUNE 2020 In 2016 civil engineer Jagjit Dhatt who effectively controlled the mall through 1200144 Alberta hired a contractor to remove 27 year old fiberglass underground gasoline tanks The area used to be occupied by Happy Mart which ended its tenancy in early 2014 The landlord and former tenant took their disagreement over who was responsible for paying to court The landlord asked for a damage award of more than 400 000 of which 100 000 was for removing the tanks and hauling away 242 cubic meters of contaminated soil another 100 000 was for nuisance costs

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Ultimately Justice Renke awarded damages against Happy Mart of about 143 000 not including interest and costs Based on the evidence before the court the judge concluded the contamination likely happened in the late 1970s when steel underground tanks were holding the gasoline Those steel tanks were replaced in 1989 with the fiberglass tanks which in turn were removed in 2016 The court found the tenant liable due mainly to terms in multiples leases with successive owners of the mall from 1977 through 2009 For example the 2004 lease has a section that says trade fixtures are improvements installed by the tenant and that the landlord can require the tenant to remove such fixtures Historical contamination is an issue for pretty much any commercial client that owns or is somehow responsible for a piece of property It is not necessary for the current owner to have caused the contamination to be ultimately liable for cleanup costs Though specialty insurance policies are available commercial general liability generally excludes historical contamination while some pollution policies only cover recent sudden and accidental releases of pollution In Happy Mart common law was a factor Previous court rulings indicate a tenant s trade fixture is one not intended to be a permanent improvement to real property Justice Renke suggested It was not clear exactly how the soil got contaminated but Justice Renke found it most likely happened in the late 1970s Happy Mart started operating a gas bar and convenience store at the Sherwood Park mall in 1977 County records indicated that steel underground tanks were installed in 1975 Justice Renke was not absolutely certain of the installation year but his conclusion was based on a letter from the county entered as evidence In 1989 Happy Mart removed the steel tanks and installed fiberglass tanks Then in 2015 Happy Mart was ordered by Alberta s Petroleum Tank Management Association to remove the tanks Happy Mart took the position the landlord was responsible with the landlord ultimately hiring a contractor to remove the tanks and remediate the soil PTMA has delegated authority to enforce several provincial codes including the fire code which requires that tanks removed from service if they have not been used for two years Justice Renke found that contamination occurred nearly 20 years before the current landlord took interest in the land in the 2006 time frame There was a small amount of surface contamination which a witness attributed to waste oil being deposited In one area soil from the surface down to about seven feet was not contaminated But between seven and 10 feet below there was a concentration of contaminated soil The witness the contractor that removed the tanks testified that the only way contamination of this pattern could have happened was if the underground tanks leaked His opinion was that the leakage took place over a period of five to 10 years and that it was the steel tanks removed in 1989 that leaked Steel tanks begin to corrode after about two years and pinholes develop the court was told The witness said the contamination could not have occurred while the gas pumps were removed in 2016 because that would have left contamination from the surface So the soil would not have been clean from the surface to the seven foot mark The 2009 lease includes a surrender clause which Justice Renke found Happy Mart to have breached That clause requires the tenant to remove all trade fixtures alterations additions and improvements to the demised premises at the sole expense of the tenant and to repair any damage occasioned to the demised premises by such removal Reprint from the Canadian Underwriter March 12 2020 by Greg Meckbach JUNE 2020 CANADIAN PETROLEUM CONTRACTOR 13

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POST NEWS Filming with BGIS EFS for the Featured Contractor Campaign POST Launches Featured Contractor Campaign POST recently launched their Featured Contractor Campaign to promote contractors that have adopted POST into their companies safety program The campaign consists of promotional videos focusing on one company through interviews with key staff showcasing how POST has been a positive impact on their safety culture We capture companies using POST documentation in the field holding a toolbox meeting or demonstrating safe work practices such as wearing proper PPE and following safe work practices Our featured contractors show the industry their engagement with POST and help us spread the message to industry that POST wants to create a level playing field for contractors regardless of the company they are doing work for Our POST Featured Contractors will be featured on the POST website and Social Media platforms If you are interested in being a Featured Contractor contact us at info posttraining ca or visit the POST website for details POST Featured Contractor highlights P romoting companies that have adopted POST safety standard F ocuses on one company through interviews with key staff P OST positive impact on safety culture 14 CANADIAN PETROLEUM CONTRACTOR JUNE 2020

CPC-JUNE 2020

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