Question Period Note: Electronic Logging Devices

Electronic Logging Devices

• Transport Canada is committed to strengthening road safety in Canada, including measures to protect the public while travelling from risks associated with commercial motor vehicles.
• Transport Canada has mandated electronic logging devices (ELDs) for commercial carriers to replace paper-based daily logbooks, and mitigate the risk of driver fatigue.
• Provinces and territories are responsible for enforcing the ELD mandate.

If pressed on requirements for the livestock industry

• Commercial motor carriers that face unique conditions may apply to Transport Canada for a regulatory exemption, which will be assessed based on the public interest and impacts to road safety.

• Commercial motor vehicle safety is a shared responsibility among federal and provincial/territorial governments and owners/operators. Under the Motor Vehicle Transport Act, Transport Canada (TC) is responsible for certain operational matters relating to commercial motor vehicle activity (e.g. hours of service to mitigate risk of fatigue, safety ratings). Provincial and territorial goverments are responsible for the enforcement of federal motor carrier operational regulations.
• On June 12, 2019, TC published amendments in Canada Gazette Part II (http://canadagazetteducanada.gc.ca/rp-pr/p2/2019/2019-06-12/html/sor-dors165-eng.html) to the federal Commercial Vehicle Drivers’ Hours of Service Regulations to mandate electronic logging devices (ELDs) for federally-regulated truck and bus motor carriers and drivers who are currently required to maintain a paper daily log. The regulations came into force on June 12, 2021.
• Provinces and territorites are responsible for the enforcement of the ELD mandate and, through the Canadian Council of Motor Transport Administrators (CCMTA), have confirmed their commitment to timely adoption and enforcement. Recognizing the impacts of COVID-19 on all jurisdictions and industry sectors, on March 7, 2022, the CCMTA released a communique confirming that all jurisdictions were in support of a progressive education and awareness enforcement approach without penalties until January 1, 2023.
• In the context of ELD certification, TC has partnered with the Standards Council of Canada (SCC) for the implementation of the ELD certification scheme, and both the accreditation process (with SCC) and the certification process are firmly in place.
• As of January 12, 2023, seventy-three devices have been certified. As devices are certified by certification bodies, they are posted on Transport Canada’s website at: https://tc.canada.ca/en/road-transportation/electronic-logging-devices/list-certified-electronic-logging-devices.
• Further, significant progress has been made with respect to the testing and deployment of the public key infrastructure (PKI) that will allow for encrypted transfer of Records of Duty Status at roadside, and training of jurisdictional enforcement communities is progressing.
• On December 12, 2022, several associations from the livestock industry wrote a joint letter to the Minister of Transport and the Minister of Agriculture and Agri-Food to request that the federal government harmonize its Hours of Service and ELD regulations with those of the United States, which has an exemption from hours of service requirements for live animal and insect transporters within a 150 air-mile (240 km) radius from the origin and destination of their trip.
• Under Section 16 of the Canadian Motor Vehicle Transport Act (MVTA), the Minister of Transport can issue exemptions to provisions in the Act or its regulations. As such, commercial motor carrier operators who have a valid case may request an exemption from having to comply with provisions of the Commercial Vehicle Drivers Hours of Service Regulations. Transport Canada assesses these requests in consultation with provinces and territories, and based on the public interest and safety implications.

Location: National