Mr. Speaker, I am pleased to have the opportunity to speak today to third reading of Bill C-94. I am pleased to speak for two reasons. First, it will give me the opportunity to show Canadians a sad example of bad legislation. Second, speaking today allows me to reveal again how the government's inability to display good judgment will cause Canadian industry, the consumer, and the overall environment to suffer.
On May 19, 1995 Bill C-94 was introduced in the House of Commons by the Minister of the Environment. After introduction the minister proceeded to hold a press conference, where she informed reporters that the reason for banning MMT was because it caused problems with onboard diagnostic systems in new automobiles. That was not the only reason the minister proceeded to ban MMT. She stated that Canada was one of the few countries in the world using MMT in unleaded gasoline and that this should change.
The minister knows very well what the best solution to the entire debate would be. She knows that a series of independent third party tests are needed, but she will not initiate this or facilitate it.
As members of the House and, more important, as representatives of all Canadians it is important we weigh and pursue every available option to come up with an appropriate conclusion before we create legislation. We should be asking ourselves: What indeed is the best science can tell us?
The Liberal government calls itself responsible. What is really meant by the term responsibility, in view of Bill C-94? On these technical matters it certainly does not hurt to demonstrate and then legislate. That is not too much to ask.
We know that at the time the bill was introduced MMT was not yet approved for use in unleaded gasoline in the United States. Since 1978 MMT has not been in U.S. fuel. In 1978 the Environmental Protection Agency did not approve MMT because it felt it might be detrimental to the health of Americans. Understanding what the Americans did with respect to MMT is very significant to what this government is trying to do with Bill C-94.
In the U.S. there was an air quality act brought forward by Congress in 1967. The act established a registration program for fuel additives. The regulations made registration a condition of sale and required that manufacturers provide information on the recommended range of concentration and use and chemical composition and structure.
In 1970 Congress amended the act to transfer authorization of the registration program over to the EPA. Congress required that the EPA designate fuels and fuel additives for registration. The clean air act required that manufacturers provide information on the chemical composition to the EPA. The EPA also had the authority to judge the effects of additives on emission control performance and public health.
In 1977 Congress made more amendments to the clean air act. One amendment dealt with the emergence of catalytic converters in automobiles. I will read what the courts had to say about the new amendment and the effect it would have on MMT:
As catalytic converters could not be used with leaded fuel, their adoption had led to a sharp rise in the use of MMT as an octane booster, and Congress responded to concerns that it and other fuel additives might harm the effectiveness of these converters. Section 211(f)(3) required that manufacturers of certain existing additives, those that were "not substantially similar" to constituents of fuel used in the certification of vehicles for emission purposes for 1975 or later model years, stop distributing such additives effective September 15, 1978.
Congress directed the EPA to grant a waiver once it determined that the additive would not cause or contribute to the failure of an emission control device system. The EPA deliberately stalled on making a decision until the courts instructed it to do the testing.
On November 30, 1993 the EPA found that MMT did not cause or contribute to the failure of emission control systems. However, not wanting to be outdone by the courts, the EPA denied the waiver on the grounds that the manufacturer, Ethyl, had not yet established the absence of health effects.
The court wrangling continued until October 20, 1995 when the United States Court of Appeals, in the case of Ethyl Corporation v. Carol M. Browner, administrator of the United States Environmental Protection Agency, ruled:
We order the EPA to register MMT for use as an additive in unleaded gasoline, as of November 30, 1993.
What is significant with this ruling is not that Ethyl won and that MMT could be sold in U.S. unleaded gasoline by the end of the year, but rather it is the process that was undertaken by Congress and then the EPA not to approve MMT in unleaded fuels. Back in 1978 the EPA said that MMT might pose a health problem and cause adverse effects to catalytic converters, but through the examination of all evidence by the courts these negative concerns were put aside.
The EPA has until December 4, 1995 to appeal the decision made by the court. Considering that it did not appeal an earlier decision this year it is doubtful it will appeal the October 20 ruling. The implications of this are rather ironic. When the bill was introduced in May both the environment minister and the industry minister said that eliminating MMT from our gasoline was essential to achieve a North American harmonization of fuel. They said we should copy the Americans.
Both ministers were confident that the ban on MMT would remain in the United States. On May 5 I asked the environment
minister during question period about the fact that the courts would probably rule in Ethyl's favour. In response he stated:
I advise the hon. member that last week when I had the opportunity of speaking with Carol Browner, head of the EPA, she reaffirmed the U.S. commitment not to allow MMT. She decried the fact that there is only one country, Canada, that still allows MMT. We intend to change that.
The Minister of Industry has gone further than his colleague, the Minister of the Environment. On April 25 in a question period response he told me:
Key to that is uniformity of standards between the U.S. and Canada. The member will know that MMT is not permitted in the United States by legislation. It is crucial that we have uniformity of standards. The effort we put into trying to ensure there was a voluntary agreement between the two sectors has been well placed, but finally governments have to decide.
The Ministry of Industry has clearly stated on the record that it is important U.S. and Canadian gasoline need to have the same composition harmonization. That is his position and he will no doubt vote in favour of Bill C-94. The government is confused. I thought the definition of harmonization was two sides being in harmony with each other. I guess the minister has a different definition as MMT is now going to be used in the U.S.A.
The industry minister is not the only one who has different ideas of harmonization. During the clause by clause consideration of the bill I moved the motion that we hold off on the bill until December 5, 1995, one day after the EPA's 45 allotted days to appeal the court ruling. The U.S. ruling was not only significant for Ethyl Corporation but was equally important for the Canadian consumer. I point out a statement by the member for York-Simcoe in rebuttal to my motion:
I think in terms of what's going on in the United States. The decision that was encountered recently regarding MMT was based on some technicality. We also have to give consideration to the fact that MMT is banned in California and some of the high ozone states.