Thank you to the committee for studying this issue and for inviting the National Cattle Feeders' Association to appear.
I'm joined today by David Fehr from Van Raay Paskal Farms in Alberta. David is well positioned to answer questions on how these regulations are impacting the day-to-day operations of transporting livestock, so direct all your hard questions to David.
To be clear, today we are speaking to the Transport Canada regulations that govern drivers' hours of service, which are enforced through electronic logging devices. We are not speaking to or challenging the CFIA regulations that require food, water and rest for animals in transit. We are not seeking an exemption to the ELDs or to the hours of service for livestock transporters. Instead, we are asking for flexibility in enforcement for unforeseen circumstances, where drivers are deciding to either adhere to the hours of service or deliver the animals to their destination.
Livestock transporters operate responsibly. They plan their routes to comply with the hours of service, and they include an extra buffer of time. Nevertheless, on occasion, unforeseen circumstances lead to drivers hitting their allotted hours of service before they get to their destination. Ideally, we would like to align with the United States, where livestock transporters are granted an exemption from hours of service within a radius of 150 air miles of origin and destination.
More immediately, we're requesting that Transport Canada provide clear guidance to all enforcement officers on section 76. Section 76 of the hours of service regulations allows for the extension of driving time in cases of adverse conditions or emergency situations. We are advocating for national guidance stating that a risk to animal welfare is an emergency situation. The agriculture sector has, in fact, provided proposed wording for this guidance to Transport Canada.
Transport Canada has suggested that our concerns are already covered by section 76. We believe that this section is too vague and leaves interpretation to the individual enforcement officers. That's why we are asking for guidance as it relates to animal welfare. Our sectors and our drivers want reassurance that a threat to animal welfare is deemed an emergency situation and that the definition of “adverse conditions” includes traffic accidents but also situations such as being delayed at the border for a CFIA vet inspection or unexpected and unusual animal behavioural challenges.
The agriculture sector did raise our concerns to Transport Canada when they were drafting these regulations. When we raised our concerns to Transport Canada, we were informed that animal welfare is not their mandate. Transport Canada has asked this sector to provide data that we know and they know is not available. This includes the number of hours that would be required additionally, where it would occur and how often it would happen. We cannot predict unforeseen delays until they happen. What we do have are numerous examples, first-hand examples, of how regulations are unworkable for livestock transporters and the animals in their care, and I'd be pleased to share that with you.
Transport Canada officials also suggested that we apply for an exemption under section 16, but we're not seeking an exemption. We have also told Transport Canada that the data required for that exemption is not available in Canada.
We're calling on Transport Canada to amend the regulations, provide guidance on them or determine the best and most timely solution to ensure that livestock drivers have the flexibility required for these unforeseen circumstances to get the animals safely to their destination without facing enforcement action.
We're calling for a meaningful, realistic and timely solution, and we continue to stand ready to work with government to find a solution.
Thank you.