Ontario details ELD mandate enforcement

Earlier this month, the Canadian Council of Motor Transport Administrators announced that its transition period for the ELD mandate had been extended until 2023. On March 16, Ontario provided carriers an update regarding enforcement of provincial and federal ELD mandates.

“Ontario will support the federal ELD mandate with an education and awareness period through to Jan. 1, 2023 (without penalties for federally regulated carriers),” the Ontario Ministry of Transportation wrote. “Ontario will implement a complementary education and awareness period for the provincial ELD mandate that was set to take effect June 12 through to Jan. 1, 2023 (without penalties for provincially regulated carriers).”

As a result of the recommended enforcement approach changes, Ontario carriers are advised:

• These measures are temporary – requirements will be enforced following the conclusion of the education and awareness period (Jan. 1, 2023, for commercial truck carriers; July 1, 2023, for bus carriers that operate in Ontario only).
• Carriers should continue to prepare and adopt ELDs as certified ELDs become available, research ELD device options and ensure that any ELD procured is a certified device as approved by Transport Canada.
• While penalties will not be incurred, carriers can expect education and awareness of ELD requirements to be during interactions with commercial vehicle enforcement.
• As provinces and territories are responsible for enforcing the federal commercial vehicle drivers hours-of-service regulations, it is important that carriers operating outside of Ontario are aware of the regulations and requirements of the provinces or territories where they will be operating.

Delays

Canada’s ELD mandate went into effect in June 2021, but jurisdictions planned no penalties or hard enforcement until this June. Now, the plan is to delay enforcement until Jan. 1, 2023.

“Jurisdictions have been monitoring progress and determined that an extension of the transition period is required,” the Canadian Council of Motor Transport Administrators said in a news release. “This will allow sufficient time for industry to purchase and install certified ELD devices and conduct training to be compliant. Based on these factors, jurisdictions will continue to support the mandate through a period of education and awareness through to Jan. 1, 2023.”

Enforcement of Canada’s federal hours-of-service regulations and ELD mandate is a jurisdictional responsibility.

Unlike the U.S., Canadian regulations require third-party testing and certification of all ELDs to ensure they are in compliance with federal rules regarding the use of the devices. The Canadian mandate took effect in June 2021 without a single ELD being approved. Now, 22 devices have been approved.

“Industry is advised to research ELD device options and ensure any procured ELD is a certified device as approved by Transport Canada,” the council said.

Approved devices can be found here. LL