While many of the Canadian ELD requirements remain the same as the U.S., there are a number of key differences that could result in U.S. trucking companies that cross the border violating Canadian law if they aren't in compliance.

What's Different?

"The first step towards mandate compliance is to talk to ELD providers," Ness said. "Whether carriers are using ELDs or still using paper, they need to find out if ELD providers are pursuing certification in Canada."

Other differences between the countries include the fact that Canada does not allow a grandfather period for automatic onboard recording device (AOBRD) use. In the U.S., companies using AOBRDs were allowed to operate with those devices for an additional two years. In Canada, ELD use is required from day one.

Canadian officials are also allowing the transfer of ELD data to take place through email, whereas in the U.S., that data transfer occurs through telematics or via a local device such as a USB device.

Exemptions in Canada are also limited. Drivers will have to use ELDs unless they have a special permit, are operating under a rental agreement with terms 30 days or less, are operating a vehicle manufactured before the year 2000 or are operating under the short-haul exemption. In Canada, that exempts drivers from ELD use when operating within 160 kilometers (roughly 99.4 miles) of their home base.

What's The Good News?

For fleets and their truck drivers, there is some good news. While the June 12 date is quickly approaching, Canadian Transport Minister Omar Alghabra announced in March a "soft rollout" of the mandate.

"This will give sufficient time for the industry to obtain and install certified electronic logging devices without penalty as of June 12, 2021," Sau Sau Liu, a spokesperson for Alghabra's ministry, Transport Canada, which is overseeing the rollout, told FreightWaves at the time.

"While Canada's ELD mandate is effective June 12, the soft educational enforcement period gives fleets more time to comply. But this period won't last forever, so carriers must make plans for compliance right now," Ness said. 

Do Fleets Need To Do Anything?

In short, yes. Any fleet that has vehicles that cross the border into Canada – or any Canadian fleet for that matter – should be checking with their ELD provider to ensure their devices will be certified for use in Canada. If they are not, a new provider will need to be found. Some devices will require only a software update, while others may need to be replaced entirely.

According to Ness, carriers should ask their ELD provider:

• What are they doing to prepare for Canada's ELD mandate?
• When do they anticipate certification?
• Will the fleet's current device be included in certification?
• How will an upgrade to the ELD be completed?

Fleets that will need to meet the Canadian ELD rule should be preparing now for compliance. This should include designating a main point of contact for drivers. J. J. Keller has provided a checklist for fleets to ensure compliance. It includes laying the groundwork if a switch is needed due to current use of paper logs or the use of a provider that is not seeking certification.

Steps from the J. J. Keller checklist:

U.S.-based fleets likely went through an ELD switch to meet U.S. law already, but the differences with the Canadian regulations necessitate that any carrier operating north of the border conduct, at a minimum, a review of its current ELD device capabilities and may even necessitate a provider switch. It will require additional driver and back-office personnel training for fleets that must comply.

Progressive enforcement of the rule is not a permanent exemption, but rather an opportunity to ensure carriers are fully compliant. Now is the time to take advantage of that.

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