The long awaited Canadian ELD Regulation was published in Canada Gazette Part 2 (CG2) on June 12, 2019, and will come into full effect on June 12, 2021.
This regulation affects federally regulated carriers who are required to keep log books, with a few exemptions in place for engines manufactured before 2000, those operating a rental vehicle on a short-term rental (30 days or less), and those operating under a HOS Permit or an MVTA Exemption.
When provincially and territorially regulated carriers must comply, and who will be required among them will depend on when each individual jurisdiction decides to adopt the regulations, and if they make any adjustments to the regulations before they adopt them into their regulations.
As a result of comments received after the regulatory proposal was published in the Canada Gazette, Part I (CG1), the following changes have been made to the
amendments since the Gazette 1 posting in December of 2017.
• a third-party certification process for manufactured devices has been included;
• the ancillary amendments and those needed to establish the certification regime will go into effect upon publication in CG2;
• the certification and implementation period for mandatory ELDS will be after two years;
• the proposed grandfathering period has been removed;
• the amendments now define categories of documents that constitute “supporting documents”;
• the requirements imposed on drivers and motor carriers for malfunctioning ELDS have been revised; and
• the amendments harmonize the requirement for the driver to forward to the motor carrier either paper daily logs and ELD records, and their corresponding
supporting documents.
PMTC has concerns about the removal of the grandfather period for those who have previously installed devices, as this may leave carriers who previously installed devices prior to the regulations in a disadvantaged position to those who did nothing. Transport Canada (TC) knows of these concerns.
PMTC’s concern is exasperated by the fact that the 3rd party certifying body (and testing procedures to be used) have yet to be determined. While this is expected to be finalized shortly, the clock is ticking, and any delay shortens the transition period to certified devices. PMTC was a very loud proponent of the 3rd party certification requirement being necessary, and we are extremely thrilled to see this adjustment made after the CG1 posting.