Canada's Federal ELD Mandate Comes Into Force With Year of Progressive Enforcement

In June 2021, Canada's federal electronic logging device (ELD) requirement came into force. As of June 12, 2021, Transport Canada required federally regulated commercial trucks and buses operating in Canada to carry a certified ELD to record drivers' hours of driving, work and rest. Penalties were held off for a year under a progressive enforcement period agreed with the provinces and territories.

A firm date, with a soft start

Transport Minister Omar Alghabra had confirmed the date in a statement on March 2, 2021. He said consultations before the mandate had found June 12, 2021 to be a workable installation date and that he was committed to it. He also acknowledged the impact of COVID-19 on commercial operations. With the support of the provinces and territories, and after consulting industry, the federal government would use a progressive enforcement period so carriers had time to get and install certified devices without penalty from June 12. Early enforcement would focus on education and awareness. The minister urged industry to equip as many vehicles as possible as soon as reasonably possible.

Provinces and territories line up

Because the federal hours-of-service regulations are enforced by the provinces and territories, their approach mattered most at the roadside. On May 5, 2021, the Canadian Council of Motor Transport Administrators (CCMTA) issued messages for industry on the mandate. It said:

• all jurisdictions remained committed to the federal mandate, including the requirement for third-party certified devices;
• CCMTA had developed an approach for jurisdictions to consider when setting their enforcement strategies;
• jurisdictions planned a period of progressive enforcement without penalties, with stepped-up education and awareness, until June 12, 2022;
• carriers should make sure any device they bought was certified and listed by Transport Canada;
• carriers should also check provincial or territorial rules, since enforcement was a jurisdictional responsibility.

Second certification body

Only devices certified by an accredited third party met the federal requirement. FPInnovations had been accredited as the first certification body in fall 2020. On June 14, 2021, two days after the mandate took effect, Transport Canada announced that CSA Group would become the second. The department said this would let more manufacturers submit devices for testing and certification.

The same release confirmed the enforcement picture as of mid-June 2021. Progressive enforcement was in effect, with no penalties until June 12, 2022, by all provinces and territories, and the emphasis was on education and awareness for carriers and drivers.

Why Ottawa said it mattered

Transport Canada said ELDs are tamper-resistant and integrated with the vehicle's engine. It estimated the mandate would cut the risk of fatigue-related collisions by about 10%. The department also pointed to less paperwork, since paper daily logs would no longer be needed, and to faster compliance checks by enforcement officers. It said its ELD rules lined up with those in the United States and responded to a Saskatchewan Coroners Service recommendation after the Humboldt Broncos crash.

Archive: this article describes rules and events as of June 2021. Regulations may have changed since, so check the current rule before relying on it.