Electronic logging devices (“ELDs”) are devices installed into commercial motor vehicles that use a computer-based software to monitor the activities of the vehicle’s driver to ensure compliance with hours of service legislation. The use of ELDs has been required for federally-regulated motor carriers in Canada since June 12, 2021, but was not subject to enforcement in the majority of provinces and territories until January 1, 2023.
On August 17, 2022, the province of Québec published proposed amendments to its Regulation respecting the hours of driving and rest of heavy vehicle drivers, and recently announced on January 23, 2023 that these amendments will come into effect on April 30, 2023. These amendments include requirements that are very similar to those incorporated into the federal Commercial Vehicle Hours of Service Regulations (Canada) regarding ELDs.
The province has also indicated that it will begin enforcing the ELD mandate in Québec for both provincially and federally regulated motor carriers on April 30, 2023. This means that motor carriers operating in the province will need to ensure that they have installed ELDs in their commercial motor vehicles that have been certified by Transport Canada. Approved devices can be found on the Transport Canada website. They will also need to have properly trained their drivers on how to use the device.
In order to facilitate the transition to ELDs, until April 30, 2023, the province will allow drivers to use a paper log at the same time as an ELD for a maximum of three weeks, provided that: (i) the carrier keeps all information in the driver’s file regarding the driver’s on duty and off duty hours; (ii) the driver carries a signed letter from the carrier indicating the start and end dates of the driver’s transition period and the medium (paper or electronic) that will be used for roadside inspections and facility audits; and (iii) a copy of the foregoing letter is also kept in the driver’s file.[1]
For updates regarding the status of enforcement for provincially and federally regulated carriers in other provinces and territories, see our December 15, 2022 article.
Should you have any questions regarding ELD requirements in Canada, please feel free to reach out to any member of Miller Thomson LLP’s Transportation & Logistics team.
[1] Province of Quebec – Frequently Asked Questions: https://saaq.gouv.qc.ca/en/transportation-goods/driver/eld
