Farm Fuel Storage and Handling - What is the Legislation Regarding Farm Fuel Storage?

In Alberta, there are three pieces of legislation that farmers should consider with regards to storing and handling fuel on the farm:
Alberta Fire Code (AFC)

The major legislation governing the storage of flammable and combustible products
Fuel storage used solely for agricultural purposes is exempt from the code
Fuel storage used for other commercial activities, such as operating a school bus or grader, are not exempt

Transportation of Dangerous Goods (TDG) Regulation

Enforced on all Alberta highways and roads
Dangerous goods are regulated from the time of loading to delivery
Farmers are not exempt from the overall regulation, but there are some exemptions for them in transporting gasoline and diesel

Environmental Protection and Enhancement Act (EPEA)

Supports and promotes the protection, enhancement and wise use of the environment
Allows for large penalties for polluters, including cleanup costs and possible imprisonment¹

Although the storage of fuel on farms intended for individual farm use is exempt from the AFC, farmers are not exempt from the EPEA. Prosecution under the EPEA may be avoided if “due diligence” can be shown². While this minimizes the chance of mishap, it doesn’t diminish the responsibilities of storing and handlingfuel. The AFC provides a guideline that farmers can use to help prove due diligence. For this reason, many of the recommendations in this publication are taken from the AFC.

¹ EPEA, Sec. 228
² EPEA, Sec. 229

Source: Agdex 769-1. September 2008.

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For more information about the content of this document, contact Melissa Orr-Langner.
This document is maintained by Jennifer Rutter.
This information published to the web on September 25, 2008.