ELD “awareness period” extended to January 1, 2023: memo

The following memo was distributed to carriers on March 16:

“I am writing to provide important updates concerning the enforcement of provincial and federal Electronic Logging Device (ELD) mandates for Ontario-based carriers.  

Details of Ontario’s provincial ELD mandate were communicated on November 1, 2021, to outline requirements and criteria for commercial truck and bus carriers in Ontario. These changes will make it mandatory for commercial motor vehicle drivers who operate within Ontario to use an ELD to record their hours of service (HoS).

To simplify operating requirements for Ontario carriers that operate both inside and outside of the province, Ontario’s ELD regulations closely match the federal ELD mandate and take effect for commercial truck carriers on June 12, 2022. This date was identified to align with the expected rollout for the enforcement of ELD enforcement for federally-regulated commercial truck and bus carriers. Bus carriers who operate in Ontario only will be required to use a certified ELD as of
July 1, 2023.

On March 7, 2022, the Canadian Council of Motor Transport Administrators advised that all Canadian jurisdictions will continue to support an education and awareness period for the federal ELD mandate that was set to expire on June 12, 2022, through to January 1, 2023. These measures have been recommended to allow sufficient time for industry to purchase and conduct necessary training to comply with the federal mandate. 

Ontario will support the federal ELD mandate with an education and awareness period through to January 1, 2023 (without penalties for federally-regulated carriers). Ontario will implement a complementary education and awareness period for the provincial ELD mandate that was set to take effect June 12, 2022, through to January 1, 2023 (without penalties for provincially-regulated carriers). 

Through this approach, Ontario will support industry to successfully transition to ELDs by aligning the provincial approach with the enforcement of federal ELD requirements. This will ensure a level playing field for all carriers (regardless of where the carrier operates). 

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 (January 1, 2023, for commercial truck carriers; July 1, 2023, for bus carriers who 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.

Details concerning Ontario’s approach to enforcing the provincial ELD mandate will be communicated to provincial and municipal enforcement partners to ensure consistent application and understanding of this approach in Ontario.

As a reminder, amendments to Ontario regulations can be found on e-Laws:

• Highway Traffic Act Regulation 555/06 Hours of Service
• Provincial Offences Act Regulation 950 Proceedings Commenced by Certificate of Offence

For additional information and resources, please visit:

• Ontario’s ELD webpage
• Transport Canada ELD webpage
• CCMTA website
• Transport Canada’s List of certified ELDs

We would like to acknowledge the continued efforts of carriers as they continue to work diligently in support of this important safety initiative.

Sincerely,

Originally signed by

Virginia McKimm

Director”