Transport Canada Ends COVID-19 Hours-of-Service Exemption for Essential Freight

In April 2020, Transport Canada wound down the temporary hours-of-service relief it had granted to federally regulated truck carriers hauling essential goods during the first wave of COVID-19. The exemption expired at 11:59 p.m. EST on April 30, 2020, and carriers had to return to full compliance with the federal Commercial Vehicle Drivers Hours of Service Regulations.

What the exemption allowed

The Essential Freight Transport Exemption was signed on March 24, 2020, on behalf of the Minister of Transport, under section 16 of the Motor Vehicle Transport Act. It covered extra-provincial truck undertakings and their drivers moving essential supplies in direct support of COVID-19 relief.

Qualifying trips, in every province and territory, were exempt from sections 12 to 29 and 37 to 54 of the federal regulations, the provisions that set driving, on-duty and off-duty limits. The essential loads listed in the exemption included medical supplies and testing equipment; masks, gloves, sanitizer, soap and disinfectants; food, paper products and other groceries for emergency restocking of distribution centres or stores; fuel; raw materials such as paper, plastic or alcohol needed to make those items; and equipment, supplies and people for temporary housing, quarantine and isolation sites. Routine commercial deliveries did not qualify, and neither did mixed loads that combined essential goods with freight not tied to the relief effort.

The conditions attached

The relief was not a blank cheque. Among the conditions:

• Carriers had to notify, in writing, the provincial hours-of-service director in their base jurisdiction, listing the vehicles, plates, drivers and licence numbers involved, and send weekly updates of any changes.
• Drivers still had to keep a daily log or use an electronic recording device, and note in the remarks section that they were operating under the exemption.
• Carriers needed a valid safety fitness certificate that was not rated Conditional or Unsatisfactory, and a copy of the exemption had to be in the vehicle.
• No driver could drive while fatigued. A driver had to get at least 24 consecutive hours off in every 14 days, and at least 10 consecutive hours off after delivering an essential load.
• A driver who told the carrier they needed immediate rest had to be allowed at least 8 consecutive hours off before reporting back to the home terminal.

Why it ended

The Canadian Trucking Alliance told members on April 29, 2020 that the federal exemption, set up on March 24 to line up with relief in the United States, would end at 11:59 p.m. EST on April 30. According to the CTA bulletin, Transport Canada made the decision after consulting provinces and territories, citing low use of the exemption and excess trucking capacity.

Provincial enforcement agencies passed the same message to carriers. Manitoba's motor carrier division, for example, noted that the federal exemption concluded on April 30, 2020 and that carriers were expected to be fully compliant with hours-of-service rules from that point.

Archive: this article describes rules and events as of April 2020. Regulations may have changed since, so check the current rule before relying on it.