New Canada ELD Regulations Enforced Beginning In 2023

New Canadian ELD regulations will be enforced at the turn of the new year.

New rules requiring electronic logging devices(ELDs) in Canada came into effect June 12 2022, though most provinces and territories were not prepared to enforce them. They implemented a period of “education and awareness” instead that saw roadside inspectors advising drivers on the requirement to comply.

Hard Enforcement Deadlines Are Here

That hard-enforcement deadline is nearly upon us. Fleets operating in Canada must utilize one of the Transport Canada-approved ELDs even if the fleet is based in the U.S, by the 1st of the new year.

“To confirm if a device you are currently using is compliant, you must verify the device name and model number, as well as the software version is compliant,” said Mike Millian, president of the Private Motor Truck Council of Canada. “That last part is very important. Very few devices currently in use have updated their software and therefore are not currently compliant.”

Makes and models may be similar to those of Transport Canada’s list of certified devices, but if the software is not up to date, they are not fully compliant. Millian is urging companies to confirm the status of the software with their device suppliers before they start operating.

Who Does the ELD Regulations Apply To?

Canada’s ELD regulations apply to all carriers and operators in interprovincial or international service, except where exemptions apply.

Those exemptions are:

  • Certain motor carriers operating under a permit.
  • Equipment subject to a rental agreement of no longer than 30 days.
  • Driving within 160 km (100 air miles) of where the driving shift begins and ends (for example, cross-border operations based in Buffalo or Detroit).
  • Equipment manufactured before model-year 2000.

“Exemptions are still being worked on for truck drive-away-operators and the motion picture Industry and are expected to be in place by January 1st,” Millian says.

Canada Public Key Infrastructure (PKI) In The Works

Canada has made the choice not to include a centralized database for transferring electronic records of duty status (eRODS), and will instead utilize email or a physical transfer process using USB or Bluetooth. Canada is still in the process of building out the Public Key Infrastructure (PKI) required to securely transmit encrypted email files as of early November.

“Transport Canada was late to the table with this, but now has a vendor in place and the system has been developed to allow this to occur,” said Millian. “Our discussions with ELD providers indicate integration has begun; however, the rollout for all providers is going to take time. We believe most providers, if not all, will have this integrated by January 1st.”

CTA In the Process of On-Boarding

According to the Canadian Trucking Alliance (CTA), provinces and territories are in the process of on-boarding the secure system and enrolling officials.

A statement on the CTA website explains that “Transport Canada has established the secure system to transfer ELD records to enforcement officials. The certification bodies have been on-boarded into the secure process and ELD vendors have all been provided the necessary information to on-board their products.”

How Does This Affect American Truckers?

American drivers stopped in Canada will experience a slightly different eRODS transfer process than they are used to. Fleets should make sure that drivers understand how to facilitate RODS transfers while in Canada.

Enforcement Varies From Province to Province

British Columbia and Quebec, as well as the Northwest Territories, will not be enforcing the federal ELD regulations by January 1st. Those provinces expect enforcement to begin sometime in 2023 regardless. All other jurisdictions indicated they either are or will be ready to begin enforcement of the federal regulation by January 1st.

The process of adopting regulations and getting legislation in place to enforce them is different in Canada compared to the U.S., and it varies from province to province.

What ELDs Are Acceptable?

There are currently 55 devices on Transport Canada’s accepted list of ELDs, with more working on their certification. Carriers operating in Canada should verify the systems are in place and necessary devices have been procured in preparation for the January 1st hard enforcement deadline.  

Fleets can access the full text of the Canadian HOS regulations and and download a two-page reference guide to the Canadian ELD rules.

Feature image via: Christinne Muschi/Bloomberg News

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