OTTAWA — An amendment to the Canadian Environmental Protection Act allowing the use of temporary fuel waivers during times of short-term supply constraints is being described by truckers as “a good first step” but in need of some tweaking.

In its comments on the proposal to Environment Canada, the Canadian Trucking Alliance (CTA) was supportive of the action, but pointed out that the regulatory language may not allow government to act quickly enough to bring needed relief to the trucking industry during a fuel crisis.

“Governments need to act quickly in times of significant temporary fuel shortages. The current language contained in CEPA prevents regulators from implementing supply solutions that override legislated restrictions on the quality of fuel that may be used by the trucking industry,” says CTA boss David Bradley.

Specifically, CTA is concerned that by making the authority to issue a waiver contingent on the “declaration of an emergency,” the proposed regulation sets an impractically high threshold.

“Emergencies are declared only in rare and exceptional cases,” says Bradley.

CTA wants to create a contingency plan to ensure
supply of road diesel fuel in times of regional disruptions.

From a legal perspective, says Bradley, it’s highly unlikely that the fuel supply crisis that affected Ontario and parts of Quebec in 2007 after a series of refinery fires and rail strike, would have qualified as an emergency situation.

“At that time … it was certainly an urgent situation for the trucking industry, but probably would not have met the criteria for an emergency set out in the current fuel waiver proposal.”

In a related submission, CTA urged the government, along with the trucking industry and petroleum marketers to begin discussions aimed at developing a workable contingency plan to ensure a minimum acceptable supply of on-road diesel fuel in times of local or regional supply disruptions.

“This type of planning will become even more crucial in the next four to five years, as emerging engine technologies will make it virtually impossible for trucks to burn off-road diesel fuel in the manner contemplated by the fuel waiver proposal now under consideration,” says Bradley.