The Ontario Trucking Association (OTA) is calling on the member jurisdictions of IRP and the premiers across Canada to oppose the province of New Brunswick’s move to implement a toll targeting out-of-province vehicles travelling through the Aulac corridor by 2028. New Brunswick estimates the proposed toll will raise approximately $10.4 million annually, with the revenue being earmarked for transportation infrastructure including road and bridge maintenance.
“The OTA has sought legal advice that suggests the proposed tolling regime introduced by New Brunswick is relatively novel in Canada and presents meaningful constitutional vulnerabilities, particularly under Section 6 of the mobility rights under the Canadian Charter of Rights and Freedoms,” said OTA Chair Mark Bylsma.
The Aulac corridor, situated in the Tantramer region at the New Brunswick-Nova Scotia border, is the sole land link between Nova Scotia and the rest of Canada. It is a vital route for the movement of interprovincial trade across Atlantic Canada. Approximately 2500 commercial vehicles use this corridor daily, transporting an estimated $35 billion in goods each year.
“For the last three years both OTA and CTA have worked with the federal government and the provinces to remove internal trade barriers, allowing businesses and the economy to become more efficient and cost-competitive for Canadians. OTA is going to be asking all provinces to also examine if this proposed New Brunswick toll fits the legal definition of implementing tariff-like barriers under the law,” added Bylsma
Section 121 of the Constitution Act prohibits tariff-like barriers on the movement of goods across provincial borders. While there are legal questions around whether the New Brunswick toll would be defined as breach of this section, the existence of IRP and trip permit would weaken the position of the province’s claim that it is a legal toll.
In the meantime, OTA continues to work closely with its colleagues at the Atlantic Provinces Trucking Association (APTA) to address this issue head on. APTA shares concerns that tolling measures which disproportionately impact interprovincial carriers risk creating new trade barriers, increasing costs across the supply chain, and undermining recent progress made by governments to improve the free movement of goods across Atlantic Canada.
Both associations remain aligned in advocating for policies that support efficient, fair, and nationally consistent freight movement. The OTA will be presenting its findings to the CTA Board next week, to solicit interest from provincial associations to join the opposition to potential tolls on out-of-province carriers.
“This is a slippery slope that could set a precedent across the country, and the industry needs to voice its opposition to such policies before they grab hold elsewhere,” says Bylsma.