Canada: Don't Forget: ELD Mandates Beginning Enforcement On January 1, 2023

Electronic logging devices ("ELDs") are devices installed into commercial motor vehicles that use a computer-based software to monitor the activities of the vehicle's driver to ensure compliance with hours of service legislation. The use of ELDs has been required for federally-regulated motor carriers in Canada since June 12, 2021, but this requirement has not yet been enforced to allow for a period of education and awareness, as well as time for motor carriers to obtain and install ELDs.

Beginning on January 1, 2023, enforcement of this mandate will begin in the majority of provinces and territories, including Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Nova Scotia, Prince Edward Island, Yukon and Northwest Territories. Some provinces have also created ELD mandates concerning provincially-regulated commercial motor vehicles which will simultaneously be enforced with the federal regulations. Ontario, for example, has created a provincial ELD mandate and has recently made changes to its conviction code table for enforcing both the provincial and federal ELD mandate. Where out of province motor carriers are convicted of an ELD-related offence in Ontario, the Ministry of Transportation has stated that it will share details of the conviction with the applicable home jurisdiction regulators.

What do carriers need to do?

Federally-regulated motor carriers should ensure that an ELD that has been tested and certified by a third-party certification body accredited by the Minister of Transport is installed in their commercial motor vehicles, unless they meet one of the exceptions set out in the regulations. Provincially-regulated motor carriers should ensure awareness of any provincial ELD mandates that may apply to them. For example, Manitoba and New Brunswick have incorporated the federal ELD mandate by reference and Quebec has drafted provincial regulations that may come into force in January 2023.