ELD mandate exemptions in Canada: What you need to know

The Canadian regulations requiring electronic logging devices (ELDs) became fully enforced on January 1, 2023—meaning all commercial motor vehicle (CMV) fleets in Canada must have implemented certified ELD devices by then. 

Prior to this mandate, the Government of Canada had no specific requirements governing the use of ELDs for monitoring drivers' hours of service (HOS) in the trucking industry. Given this, there may be some ambiguity as to who is exempt from this mandate and what changes or requirements are related to it.

The following FAQs help clarify important considerations both Canadian motor carriers and U.S. commercial vehicle drivers that travel cross border must keep in mind:

Are there Canada-ELD mandate exemptions?

Currently, there are four commercial vehicle exemptions that pertain to the ELD mandate in Canada. According to the Canada Gazette, trucking companies will be exempt from needing ELDs if they:

1. Operate under a specific permit issued
2. Have a statutory exemption
3. Are subject to a rental agreement with terms under 30 days
4. Operate a vehicle that was manufactured before 2000

Additionally, there are exemptions that apply to truckers themselves. Truckers will be exempt from using ELDs in Canada if they fall under the short haul exemption and don’t drive outside of a 160-kilometer (99.42 miles) radius of their home terminal.

Are there other ELD exemptions in Canada?

Currently, four additional exemptions have been granted around certain provisions of the Commercial Vehicle Drivers Hours of Service regulations. These are:

1. Driveaway Operations: “To allow eligible motor carriers and their drivers to record their record of duty status in accordance with s. 82 of the Regulations, rather than under s.77.”
2. Canadian Pacific Railway: “To allow maintenance of way workers who drive commercial vehicles as part of their duties to take larger periods of daily consecutive off-duty.”
3. Canadian Association of Energy Contractors: “To allow eligible motor carriers and their drivers to avoid the duplication of having to complete both a record of duty status and other industry documents, thereby making use of existing documentation to demonstrate compliance with the work limits, rest requirements, and record-keeping requirements.”
4. Fertilizer Canada: “To allow motor carriers and their drivers engaged in the transportation of liquid and anhydrous ammonia fertilizer products to operate under a more flexible work/rest schedule.”

Are there exemptions for Canadian drivers entering the U.S.?

In the U.S., the Federal Motor Carrier Safety Administration (FMCSA) currently allows the following ELD mandate exemptions:

• Short haul drivers. The short-haul exemption is for truck drivers who use the 150 air-mile radius (non-CDL short haul)–see Sections 395.1(e)(1) and 395.1(e)(2).
• Drive away/tow away operations where the commercial motor vehicle being driven is the commodity. If the commercial motor vehicle being driven is part of a shipment, an ELD solution is not required.
• Drivers operating vehicles that are older than model year 2000. 
• Drivers that only keep logs for 8 days out of a 30-day period. For some short haul drivers who go outside of this exemption, there is another exemption to help them out: drivers with 8 days or fewer of RODs.
• Agricultural, farm and livestock vehicles.

Also, the exemption for vehicle models dated 1999 or earlier applies specifically to the age of an engine in a vehicle or the VIN.

Download our fleet vehicle compliance management guide to learn more about fleet compliance management as well as common mandates and requirements. 

Have Canadian HOS rules changed because of the ELD mandate?

The ELD mandate in Canada requires truck drivers who follow HOS regulations to switch from paper logbooks to ELDs. Currently, the HOS regulations in Canada limit drivers to 13-hours of consecutive driving in a 16-hour driving day and then a minimum of 8 consecutive hours off duty status. The ELD mandate will not change the HOS regulations already in place but will help monitor and bolster driver compliance with the HOS rules.

Is there a difference between the HOS mobile app depending on if you are operating in the U.S. or Canada?

Click here to review the key differences you will see in your HOS mobile app screens, and in the behavior of the HOS app, depending on whether you are following U.S. or Canadian ELD regulations. 

HOS automatically detects whether you are driving in the U.S. or Canada, and asks you to confirm the switch from one operating zone to another. For more information, see Crossing the Border Between the U.S. and Canada.

Who created the final ELD mandate rule for Canada, and who is responsible for certifying ELDs?

The final ELD mandate rule was handed down by Transport Canada, a federal institution responsible for transport policies and programs.

As part of that rule, Transport Canada requires that ELDs be approved by a third party before they can be sold or installed.  

Are there special ELD malfunction reporting requirements for motor carriers?

In Canada, motor carriers are required to make sure that electronic logging devices installed in commercial vehicles are working properly and calibrated according to the manufacturer's instructions.

As a motor carrier, you must keep a record of ELD malfunctions that includes:¹

• the name of the driver who noticed the malfunction
• the name of every driver that uses the vehicle until the device is repaired or replaced
• the make, model and serial number of the device, the license plate and VIN of the vehicle it's installed in
• the date and location when the malfunction was noticed (and date the motor carrier was notified, if different)
• the date and description of work done by the motor carrier to repair or replace the device.

You must keep these records for at least 6 months after the device is repaired or replaced.

Where can I learn more about the technical specifications behind the Canadian ELD mandate?

You can learn more about the Canadian ELD technical standards from the Canadian Council of Motor Transport Administrators (CCMTA). This outlines the technical Standard for Electronic Logging Devices v.1.2, October 27, 2020, which replaces the previously posted version 1.1 dated December 9, 2019.

What additional sources can I go to for the latest Canada ELD mandate information?

These are some of the additional sources you can turn to for further information on the Canada ELD mandate:

• ELD technical specifications
• ELD overview 
• Certified ELDs in Canada 

¹https://tc.canada.ca/en/road-transportation/electronic-logging-devices/electronic-logging-devices-commercial-drivers-motor-carriers#what_a_carrier_should