• Transport Canada has given the provinces and territories authority over motor carrier safety in Canada.
• Canada’s driver qualification file requirements are handled by each jurisdiction.

Canada regulates the trucking industry through a combination of federal and provincial laws and regulations. The federal government oversees the safety and fitness of inter-provincial motor carriers, which are those that cross provincial or international boundaries. The provincial and territorial governments are responsible for regulating and enforcing the regulations on all motor carriers, both inter-provincial and intra-provincial carriers which are based within their jurisdictions.

When it comes to inter-provincial trucking, carriers are typically concerned with both provincial and federal regulations The reason why trucking is regulated by different governments is that each level of government has different areas of responsibility.

The provinces are tasked with regulating their roadways, but federal legislation does exist in some cases to create standard rules throughout the country.

Summary of requirementsThe driver qualification file requirements vary by jurisdiction in Canada. Driver records should contain information for each person employed as a driver of commercial motor vehicles defined as follows:

Trucks, tractors, or trailers, or any combination of them, that have a registered gross vehicle weight exceeding 4,500 kilograms; or buses with a seating capacity of more than 10 persons, including the driver.

The National Standard Code applies to drivers of commercial motor vehicles (CMVs) and the motor carriers of these drivers.

In general, a driver file/driver qualification file must contain the following:

• The driver’s completed application form for employment.
• A copy of the driver’s abstract dated within 30 days of hire.
• Annual updated copies of the driver’s abstract.
• The driver’s employment history for the preceding 3 years.
• A record of the driver’s convictions of safety laws relating to the operation of a motor vehicle in the current year and in each of the preceding 4 years.
• A record of any administrative penalty imposed on the driver.
• A record of all collisions involving a motor vehicle operated by the driver that are required to be reported to a peace officer.
• A record of all training taken by a driver related to the operation of a vehicle and compliance with safety laws.
• A copy of any training certificate issued to the driver, in electronic or paper form, for the period starting on the date the training certificate is issued.

Driver files must be retained at the carrier’s principal place of business for the year in which they are created, established, or received and the 4 calendar years immediately following.

Carriers should also keep any other relevant information about their drivers. This may include items such as alcohol and drug testing records (this is required for carriers who wish to operate in the United States). Please note, while electronic records may be accepted, any originals must be made available upon request.

General recordkeeping is 5 years for all documents except employment application, which is kept for the length of employment.

See the provincial DQ file requirements at the following link: Provinces