Rollout of ELD Mandates Continue Across Canada

Enforcement of the federal ELD mandate and regulatory activity in many provinces has been underway since January 1, 2023.

The information below and this ELD chart- 23MAR06-ProvELD Enforcement Chart_public – is a compilation of the latest information on key items related to enforcement provided to the Canadian Trucking Alliance directly by its provincial association partners.

As ELD implementation progresses, CTA will continue to issue this type of report to keep the membership informed of what is happening across the country.

Atlantic Provinces Trucking Association

Nova Scotia

All Nova Scotia carriers that operate outside the province are now required to comply with the federal standard for ELDs.

Nova Scotia is conducting soft enforcement of ELD compliance for federally regulated carriers over a six-month period. The province is inspecting ELDs for compliance and issuing warnings for non-compliance for other jurisdictions.

Most of their frontline inspectors have been set up with the proper credentials to receive an encrypted email, which allows them to receive data transfers from ELD devices when required. This process is ongoing, and the remainder will have them very soon. So far, the biggest issue with this is the drivers do not know how to operate the ELD and have trouble sending the information to the inspector.

Nova Scotia carriers who operate solely within the province are permitted to continue using paper logs until January 2024. After this date, they will need to comply with the ELD regulations.

The provincial regulations for NS are now posted on the NS website. https://novascotia.ca/just/regulations/regs/mvdriver.htm

New Brunswick

New Brunswick is the only Atlantic Province to begin enforcement of the ELD mandate for BOTH federally regulated and provincially regulated commercial vehicles on Jan. 1, 2023. Provincial inspectors have all the tools they need to actively enforce ELD non-compliance. The province is not currently issuing fines as it adopts to reference the federal HOS regulations, but rather, has embarked on a soft-enforcement/education period.

No NSC Profile points have been applied to non-compliant carriers during the educational period. If and when violations are issued, (5) Conviction Demerit Points will be assessed to the NSC Carrier Profile.

As New Brunswick is still in the educational phase of ELD requirements and the only Atlantic province with an ELD mandate for intra-provincial carriers, highway enforcement officers and NSC Facility Auditors have been busy responding to questions from intra-provincial and neighbouring carriers on the requirements in the province.

Newfoundland

Similar to Nova Scotia, the Government of Newfoundland and Labrador is only enforcing the use of mandatory electronic logging devices for commercial vehicle drivers who cross provincial borders. Carriers operating only in Newfoundland and Labrador are not required to install and use ELDs at this time. However, the provincial government is currently working towards enforcement for intra-provincial carriers for later in 2023, although no firm date has been provided.

NL is enforcing the federal Commercial Vehicle Driver Hours of Service Regulations which does not include an out of service condition for failing to have an ELD. Officers have been advised to refer repeat violations to management for further investigation which may lead to compliance reviews or safety audits.  If the safety audit results in the carrier being assigned a safety rating of unsatisfactory a regulatory shutdown will apply. Provincial inspectors didn’t provide an enforcement update but we haven’t received any reports of fines being issued yet.

With regards to points for the carrier profile: CCMTA has a working group determining the point structure that should apply for ELD violations. Once this is complete their database will be updated and points will be assigned to the carrier profile accordingly.

Prince Edward Island

PEI began ELD enforcement for federally regulated carriers on Jan. 1, 2023. ELDs are also mandatory by law for intra-provincial drivers but this is not enforced due to PEI being within 160 km of itself. Inspection officers are currently monitoring the ELD mandate in the province with a period of soft enforcement and are not issuing fines for non-compliance at this stage.

Quebec Trucking Association

QTA has advised the regulations will come into effect April 30, 2023.

Ontario Trucking Association

Since January 1st, enforcement officials in Ontario, led by the Ministry of Transportation (MTO), have been enforcing the new Electronic Logging Device (ELD) mandate for federally and provincially regulated trucking operations.

MTO and their enforcement partners have the tools and authorities necessary to address non-compliance and charges are being laid across the province for drivers and carriers from a variety of jurisdictions not in compliance for various ELD-related offences, including:

  • Not having an ELD;
  • Not having a complete information package;
  • Failing to enter required information in the ELD;

The focus on enforcement is to ensure all drivers and carriers operating in Ontario to which the mandate applies are following the rules and creating a level playing field. Along with monetary fines, carrier profile points will also apply upon conviction. MTO has also indicated that for non-compliance found for companies registered outside of Ontario, the details of convictions will be shared with their home jurisdictions. Click here (EN) (FR) for a detailed two-page pamphlet from MTO that has been in circulation since in mid- 2022, which outlines the basic requirements of the ELD mandate along with key information for drivers and carriers and their obligations under the new ELD regime.

MTO is also reminding operators to ensure:

  • After ELDs are installed, drivers are comfortable with using them;
  • Drivers understand the functionality for their day-to-day operations as well as what to do if stopped for an inspection, which includes knowing where to find the ELD information packet, whether it is stored electronically on the ELD or in another location such as their permit book;
  • Drivers are familiar with how to transfer their record of duty status (RODS) to an officer, which is a separate function from the method they could use to forward their logs to themselves or their company.

Manitoba Trucking Association

The requirement for carriers operating across provincial and territorial boundaries to utilize ELDs came into effect on June 12, 2021. The requirement for carriers operating strictly within Manitoba came into force December 12, 2021.

Stage one of the enforcement plan began on June 12, 2021 and ended in December 2021. This stage focused primarily on education about the use of ELDs.

Stage two of the enforcement strategy began in December 2021. Much like stage one, all drivers and carriers were still expected to be in compliance with hours of service requirements. Enforcement officers issued warnings to drivers and carriers who are required to use ELDs but were not in compliance. In Manitoba, warnings were not included on a carrier’s profile and did not have an impact on performance thresholds.

Stage three began on January 1, 2023, with full enforcement of all ELD regulatory requirements. Drivers and carriers are expected to have equipped their vehicles with certified ELDs if they are required to do so. Enforcement officers began issuing fines to non-compliant drivers and operators on this date.

Officials from Manitoba Motor Carrier Enforcement have reported that the transition to requiring Electronic Logging Devices has gone smoothly and compliance is reported to be high. Manitoba’s enforcement agencies can now issue tickets for ELD-related offences, including, but not limited to, the following:

  • Not having an ELD;
  •  Not having a compliant ELD;
  • Failing to include the required information in the ELD;
  • Utilizing more than one ELD at a time.

Saskatchewan Trucking Association 

On January 1, electronic logging devices (ELDs) became mandatory for all federally regulated vehicles operating in Saskatchewan. Within the province, this mandate is being enforced by the Saskatchewan Highway Patrol (SHP), in conjunction with Saskatchewan Government Insurance (SGI). Along these lines, roadside inspections started, and fines are being issued under generic violation codes until Transport Canada issues the finalized version of the contraventions.

Alberta Motor Transport Association

  1. Mandate came into effect January 1, 2023, including violations and ticketing;
  2. Encryption keys are now installed in 80% for all officers;
  3. Violations :a) ELD violations summons can be issued for NO ELD. b) Written warning are mainly being issued.
  4. Long form information’s (violations tickets) is being issued for fatigue violations.
  5. No exemption in place from Alberta nor are any planned.
  6. Alberta has no plans to adopt the Federal regulation currently.

British Columbia Trucking Association 

On February 13, 2023, the Province of British Columbia announced a provincial ELD mandate.

Of significance is the following:

  1. Mandate comes into effect August 1, 2023, including violations and ticketing.
  2. Any exemptions provided to this regulation are by Director approval, which can be removed/added by way of notice.
  3. Only applies to provincially regulated vehicles that travel outside of 160km from home terminal (does not apply to local vehicles operating under local driving hours).
  4. Local drivers will be permitted, by way of CVSE circular, to occasional travel outside of 160km and not require an ELD if the driver has no more than one trip outside of 160km for the current day or within the previous 14 days to a maximum of six days within a 60-day period.

For details on the provincial ELD Mandate, please refer to:

  • NSC Bulletin #01-2023 Electronic Logging Devices (ELDs) in British Columbia found here; or
  • Provincial ELD News Release found here.

The official sources for third party certified ELDs can be found at Transport Canada’s website. As of March 6, 80 devices have been approved for use in Canada.

For more information on specific provincial rules, please contact the relevant provincial trucking association.

 

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