Electronic Logging Devices

Overview

On June 12, 2021, updates to the federal Commercial Vehicle Drivers Hours of Service Regulations (CVDHOSR) come into force. These changes make it mandatory for commercial motor vehicle drivers who cross provincial/territorial borders to use ELDs to record their hours of service (HoS).

Transport Canada announced on March 2, 2021, that “…with the support of provinces and territories, and in consultation with industry, we will work together on the successful and effective implementation of a progressive enforcement period. This will give sufficient time for industry to obtain and install certified electronic logging devices without penalty as of June 12, 2021. Early enforcement measures will consist of education and awareness.”

The Ontario Ministry of Transportation (MTO) supports the announcement made by the Canadian Council of Motor Transport Administrators (CCMTA) on May 5, 2021. Ontario will support the federal mandate through a period of progressive enforcement without penalties including elevated education and awareness until June 12, 2022.

Ontario’s HoS regulations align with the federal regulations. This has allowed Ontario to use Ontario Regulation 555/06 Hours of Service and the Provincial Offences Act to enforce HoS compliance regardless of where the carrier operates, rather than creating the two-tier system that exists in jurisdictions with different regulations for federal and provincial carriers.

Ontario’s current intention is to adopt an ELD mandate for all carriers (both inter- and intra-provincial) as this will provide consistency and help level the playing field for all carriers regardless of where the carrier operates.

Exact timelines for the implementation of ELDs in Ontario will be determined based on:

• the process to make the necessary regulatory changes;
• the availability of certified ELDs;
• whether the current public health emergency has passed; and
• conversations with jurisdictional partners on the progressive enforcement period.

The Ontario Ministry of Transportation (MTO) is working with industry to determine the best path forward to implement ELDs for intra-provincial carriers (those who operate within Ontario only). Ontario’s path is following the lead set out by Transport Canada regarding mandating the use of ELDs for federally regulated carriers (Ontario carriers who operate outside of Ontario).

Frequently Asked Questions

1. What does this mean for Ontario carriers?

• If your commercial vehicles operate solely within Ontario, you will not be required to use an ELD until Ontario’s regulations are amended to mandate ELDs.
• If your commercial vehicle operates outside of Ontario, you will not be penalized in Ontario for not using a certified ELD until June 12, 2022. Carriers are encouraged to use the education period to ensure they are prepared for the ELD mandate in 2022.

2. What does this mean for Ontario carriers operating outside of Ontario?

• As of May 5, 2021, Canadian Council of Transport Administrators and Transport Canada recommended all Canadian jurisdictions to pause enforcement until at least June 2022, focusing on education and awareness activities within the industry.
• However, if your commercial vehicles operate into any other Canadian jurisdiction, it is your responsibility to verify the requirements regarding ELDs in each jurisdiction where you plan to travel.

3. What does this mean for carriers from other jurisdictions that operate in Ontario?

• Until Ontario’s new regulations come into effect, drivers of extra-provincially plated commercial vehicles that travel in Ontario may continue to use paper or electronic versions of a daily log until June 12, 2022 the end of the education period without penalty.

4. What electronic logging device (ELD) can I use in Ontario?

• Until Ontario’s regulations are changed, a device can continue to be used as an electronic means of recording HoS if it meets the requirements of section 21 or 22 of Ontario Regulation 555/06.
• After Ontario’s regulations are amended to align with the federal regulations, if an ELD is required, the device used must be certified by an accredited third-party certification body and be posted in the list of certified ELDs on Transport Canada’s website.
• Transport Canada is responsible for publishing the list of certified ELDs and providing information on the certification process, as well as accrediting third-party certification bodies.

5. How can I be ready to transition to the ELD mandate?

• Ontario recommends industry start to prepare and adopt the ELD mandate promptly once certified ELDs are available. Industry is advised to research ELD device options and ensure any procured ELD is a certified device as approved by Transport Canada. Approved devices can be found on TC’s website as they become certified: https://www.tc.gc.ca/en/services/road/electronic-logging-devices.html.

6. Once the regulations come into effect, what commercial motor vehicles will require ELDs?

• Ontario’s new regulations will specify which vehicles are subject to the new rules. They will also specify which vehicles are exempt, if applicable.
• ELDs are a tool that can be used to support the current HoS requirements. If Ontario proceeds with implementing the use of ELDs for intra-provincial carriers it is likely the following will apply:
  • MTO would not change the current drivers that are required to follow HoS,
  • MTO would not change the current drivers that are required to carry a logbook,
  • MTO would not change the current HoS limits,
  • MTO would adopt CCMTA’s Technical Standard and
  • MTO would adopt TC’s list of certified ELDs.

7. Where can I find more information?

• Visit the Transport Canada ELD webpage
• Visit the CCMTA website