Flexibility for Gasoline Volatility Requirements

ERO number
026-0910
Notice type
Regulation
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Exception
Exception posted
Last updated

This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.

Exception summary

In response to the unexpected Enbridge Line 5 shutdown, the ministry has amended O. Reg. 271/91 to ensure the province has adequate fuel supply by allowing fuel suppliers to sell winter-grade gasoline about two weeks earlier. This temporary measure is intended to help address the production constraints caused by the Line 5 shutdown.

Why consultation isn't required

The Ministry of the Environment, Conservation and Parks (MECP) has relied on section 29 of the Environmental Bill of Rights, 1993 (EBR), as it is the opinion of MECP that the delay in giving notice to the public of the proposal for the regulations, allowing for public participation, and in considering the response to the notice would have resulted in:

  • danger to the health and safety of any person,
  • harm or serious risk of harm to the environment, or
  • injury or damage or serious risk of injury or damage to any property

MECP is posting this exception notice to give notice of the decision to rely on section 29 of the EBR.

Exception details

The unexpected shutdown of Enbridge Line 5 on August 25, 2026, has created short-term immediate risks to Ontario’s supply of fuel, including gasoline and jet fuel. To mitigate the risks of a fuel shortage, fuel producers required the ability to sell winter gas about two weeks early to help maintain a secure and reliable supply of fuel to the Ontario market. A short-term fuel shortage could affect emergency services such as ambulances, air ambulances, fire trucks, police cars, etc. and could also disrupt other essential services that rely on road transportation such as food supply chains and medical supplies.

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40 St Clair Avenue West, 12th Floor
Toronto, ON
M4V 1M2
Canada

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Office
Air Policy and Programs Branch
Address

40 St Clair Avenue West, 12th Floor
Toronto, ON
M4V 1M2
Canada

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