Canada’s ELD enforcement patchwork creates carrier confusion
It has been four months since the enforcement began for those of you required to comply with Canada’s electronic logging device (ELD) mandate. How has it been going? Reports and communications of violations have shown us that there have been challenges, not just for the motor carriers, but for enforcement officers. Some of the recent challenges include ELDs that cannot transfer the records electronically, officers not being able to certify the information gathered from the ELD, and drivers simply failing to have the ELD not mounted properly.
Plus, each jurisdiction is on its own timeline regarding the enforcement of the ELD mandate. Most jurisdictions have been enforcing the mandate on federal carriers since January 1. But still, even for federal carriers, enforcement timelines, and associated fines/penalties may not be exactly the same across the country. This patchwork can be confusing. Let’s cover some recent ELD activity and then clear up the status of jurisdiction-by-jurisdiction enforcement.
What can we expect?
Recently, ELDs have now become mandatory in Québec starting April 30, 2023. Quebec adopted the mandate into its Regulation respecting the hours of driving and rest of heavy vehicle drivers. This requirement applies to all heavy vehicles travelling on Québec roads, regardless of whether or not those vehicles are registered in Québec.
Also, effective August 1, 2023, British Columbia will repeal and replace Division 37, Hours of Service, of the Motor Vehicle Act Regulations with an updated version that implements a provincial ELD mandate. The provincial mandate will effectively mirror the federal ELD mandate. Finally, a federal rule change is also coming. You can expect the publication of proposed changes to the Contravention Regulations in Canada Gazette Part 1. These regulations are required for jurisdictions that adopt these federal requirements. To date, this regulation has incorporated, for the purpose of enforcing federal contraventions, individual prosecuting schemes currently in place in all provinces except Saskatchewan and Alberta. Keep in mind that some provinces and territories have implemented jurisdictional ELD requirements at the provincial/territorial level, which can include fines for non-compliance.
ELD enforcement status information by jurisdiction
The following table outlines what’s currently happening in each jurisdiction when it comes to ELD enforcement, and what you should be aware of when it comes to fines and violations within those provinces.
|Province||Federal Enforcement||Finces and Violations||Provincial Enforcement|
|Alberta||Fines for federal Hours of Service violations are decided by judges at court, not law enforcement officers because this is a federal contravention, not a provincial one. Alberta Transportation and Economic Corridors provides information to the court based on similar national penalties.||Judges, at their discretion, can impose fines for a first offence for not having a certified ELD typically at $300 for a driver, and/or $500 for a carrier.||Motor Carriers that operate only within Alberta are not required to install and use ELDs at this time.|
|British Columbia||If your vehicles operate inter-provincially, B.C. is enforcing the federal ELD Mandate as per the Commercial Vehicle Drivers Hours of Service Regulations.||A fine of $520 will be imposed Aug. 1, 2023 for failing to equip a vehicle with a compliant ELD, according to a new National Safety Code bulletin issued Feb. 13 by the B.C. Ministry of Transportation and Infrastructure.||Provincially regulated commercial vehicle operators in B.C. will also be required to use ELDs beginning Aug. 1.|
|Manitoba||Drivers and carriers are expected to have equipped their vehicles with certified ELDs if they are required to do so by regulation.||The fine for not using an ELD when required to do so is $298.||Provincial carriers who do not travel outside of a 160 km radius from their home terminal are not required to have an ELD. Provincial carriers who at any time within the year travel outside of a 160 km radius of their home terminal are required to have an ELD. Should an ELD be required as per the regulations, and not present, Manitoba law enforcement may issue tickets to drivers or the carrier.|
|Ontario||Commercial drivers and carriers are subject to penalties for not meeting Federal ELD requirements.||Offences range from $250-$400; and penalties for Hours of Service-related offences (including ELD offences) range from $250-$20,000.||Commercial drivers and carriers are subject to penalties for not meeting provincial ELD requirements. Points imposed upon conviction of ELD-related offences can affect the safety rating of carriers. If a carrier is registered outside of Ontario, details of convictions are being shared with home jurisdiction regulators.|
|Quebec||Quebec is enforcing the mandate with Federal Carriers and cross border carriers.||Currently there is no available details on the fines and violation penalties||Effective April 30, Quebec began enforcement of ELD requirements for carriers operating within the province|
|Saskatchewan||Officers can issue a citation to a driver or carrier operating a commercial vehicle without a certified ELD. Currently there is no set fine amount, and a judge will decide the fine or penalty to be paid.||Fine amounts are set at maximums of $5,000 for an individual and $25,000 for a carrier in accordance with the Motor Vehicle Transport Act (Canada).||ELDs are not required for provincial carriers who are regulated by the provincial Commercial Vehicles Hours of Service Regulations.|
|Nova Scotia||Currently, there are no fines/points for ELD violations.||Soft enforcement and education will be in place until June 30, 2023. Provincially regulated carriers operating solely in the province will not be subject to an ELD mandate until Jan. 1, 2024.||Provincially regulated carriers do not require an ELD while operating solely in the province at this time.|
|New Brunswich||If an approved and working ELD is not present in the cab of any carrier’s truck, a peace officer is able to issue a fine, plus applicable surcharges and fees.||If the matter goes before the court, a judge could impose a fine anywhere in the range of a category C offence, which is not less than $140 and not more than $1,100, plus applicable surcharges and fees.||Regulations applied to Provincial Carriers in the province on January 1st,2023 the same date as the federal Regs.|
|Newfoundland & Labrador||The Government of Newfoundland and Labrador enforces Transport Canada’s Commercial Vehicle Drivers Hours of Service Regulations.||No information available regarding the enforcement penalties of fines at this time||No information available regarding the enforcement for provincial carriers|
|Prince Edward Island||ELD Mandateis being enforced for Federal carriers and cross border carriers||If a motor carrier fails to equip commercial vehicle with compliant ELD the penalty for out-of-court settlement is $200.||In P.E.I. provincial carriers only operate within a 160km radius, which means a logbook is not required, therefor no ELD is required.|
|Northwest Territories||NWT has committed to enforcing the mandate for federal and cross border carriers.||No information available regarding the enforcement penalties of fines at this time||No information available regarding the enforcement for provincial carriers|
|Yukon||ELD Mandate being enforced for Federal carriers and cross border carriers||No information available regarding the enforcement penalties of fines at this time||Regulations applid to Provincial Carriers in the province on January 1st, the same date as the federal Regs.|