Canada’s Modern Slavery Act: What businesses need to know now!
Overview The Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Canada’s Modern Slavery Act or the “CMSA”) is set to come into force on January 1, 2024. […]
British Columbia port strike: Legal implications and practical considerations for Canadian businesses
The recent labour strike by British Columbia (“BC”) port workers (the “Strike”) highlights important legal implications for carriers, freight brokers, shippers and other parties who rely heavily on the operations of Canadian ports. Background In July 2023, the International Longshore […]
Overtime rules for commercial drivers in Ontario
The Ontario Employment Standards Act, 2000 (“ESA”) and the federal Canada Labour Code (“CLC”) specify the overtime rules for provincially-regulated and federally-regulated employees, respectively. Pursuant to the legislation, higher overtime thresholds may apply for commercial drivers. This article summarizes the […]
The Luxembourg Protocol: Registration of security interests against railway rolling stock in new public international registry
The Luxembourg Protocol to the Cape Town Convention on International Interests in Mobile Equipment (the “Protocol”) will, when in force, set up a new global legal regime that will make it easier and cheaper for the private sector to finance […]
Immigration program expansion provides new path to permanent residency for foreign nationals in transportation and logistics
What is the Federal Skilled Worker Program? The Federal Skilled Worker Program (“FSWP”) is a stream under Canada’s Express Entry system for workers with foreign experience and skills to immigrate to Canada and obtain Permanent Resident (“PR”) status. Express Entry […]
When do you need to charge GST/HST on chargebacks?
Many trucking companies have entered into arrangements with subcontracted carriers or owner-operators/contractors for charges such as fuel, insurance, or licensing fees. Anyone who has entered into such an arrangement should review their contracts from a GST/HST perspective. While the nature […]
Bill C-33: Proposed new legislation for the rail & marine industries
On November 17, 2022, the federal government introduced Bill C-33 for first reading in the House of Commons, with the short title Strengthening the Port System and Railway Safety in Canada Act.[1] The proposed new legislation would address governance, safety, […]
Proposed changes to Canada’s transportation of dangerous goods legislation
The Canadian government proposed significant changes to the Transportation of Dangerous Goods Act (Canada) on November 26, 2022. The public consultation period recently closed on February 9, 2023. These proposed changes are seen as a necessary step in modernizing regulations […]
Ocean carrier’s limitation of liability pursuant to Hague-Visby Rules clarified by the UK High Court of Justice
Introduction The English and Welsh High Court of Justice recently clarified the “true construction and application” of Art IV r 5(a) of the Hague-Visby Rules. Specifically, the High Court held that Art IV r 5(a) applies to claims pertaining to […]
ELD enforcement will begin in Québec on April 30, 2023 for motor carriers
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 […]
Don’t forget: ELD mandates beginning enforcement on January 1, 2023
What is it? 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 […]
Federal Government lifting COVID-19 travel requirements as of October 1
The Public Health Agency of Canada (“PHAC”) has announced that effective October 1, 2022, the Government of Canada will remove all remaining COVID-19 entry restrictions at the border and with regard to travel by air, rail, and cruise ship. This […]
Proposed transportation of dangerous goods Canadian registration list
Transport Canada (“TC”) recently proposed amendments to the Transportation of Dangerous Goods Regulations (Canada) (“TDGR”), which would require any person who imports, offers for transport, handles or transports dangerous goods to register in a new online database and to provide […]
Transport Canada renews temporary certificate for transportation of COVID-19 test samples
Throughout the COVID-19 pandemic, Canada’s federal government has periodically waived certain rules normally applicable to the transportation of COVID-19 test samples, which qualify as dangerous goods and are therefore subject to the requirements of the federal Transportation of Dangerous Goods […]
Luxury tax draft legislation (finally) released: May apply to certain vehicles, aircraft, and boats
On March 11, 2022, the draft legislative proposals relating to the Select Luxury Items Tax Act (the “Act”) were released for public comment. This new luxury tax was first announced in the 2021 Federal Budget, with a detailed backgrounder released […]
Cabotage – Domestic point to point movements for international commercial transportation of goods
When importing goods into Canada via trucks, trailers, semi-trailers, and containers, businesses may be presented with opportunities to pick up and deliver domestic goods within Canada during their trip. While these additional domestic deliveries may make sense logistically, they are […]
Breaking news: Update regarding application of vaccination mandate for cross-border transportation workers, taking effect January 15, 2022
Contrary to recent media reports, cross-border truck drivers, regardless of their citizenship or place of residence, will be fully subject to the federal government’s vaccination mandate as of January 15, 2022. In short, all Canadian drivers who are unvaccinated, or […]
Breaking news: Canadian government announces it will not impose quarantines & testing requirements on returning Canadian truck drivers as of January 15, 2022
Please be advised: The information presented below is now obsolete. It was based on reports and information originally received on January 12, 2022. However, one day later, Canada’s federal government announced that those original reports had been released in error. […]
General average, generally
All hell broke loose aboard the container ship MV ZIM Kingston in late October last year as she made her way across the Pacific Ocean. The 40,300-tonne vessel lost several shipping containers overboard in heavy weather during her crossing from […]
New Canada Labour Code regulations exempt certain transport drivers from hours of work and scheduling rules
Effective February 1, 2022, new regulations made under the Canada Labour Code (the “Code”) will exempt specific classes of federally regulated employees, including some transport drivers, from certain Code provisions concerning hours of work and scheduling. These exemptions form part […]
Transportation of lithium batteries by motor carriers
Transportation of products containing lithium batteries by motor carriers is becoming increasingly common. This type of battery is found throughout items we use in daily life and can be divided into two categories: lithium ion and lithium metal. Lithium ion […]
Alberta’s new impaired driving laws
The Provincial Administrative Penalties Act (the “Act”) came into force on December 1, 2020. The Government of Alberta has stated the purpose of the Act is to simplify its existing impaired driving programs and strengthen its impaired driving laws. The […]
Proposed amendments to adopt mandatory electronic logging devices for Ontario carriers
Ontario’s Ministry of Transportation (MTO) has announced that it proposes to amend Ontario’s Hours of Service Regulation 555/06 under the Highway Traffic Act (ON) to implement a mandatory requirement for motor carriers who only operate in Ontario to start using […]
Cyberattacks in your supply chain – Canada Post data breach highlights risks
Over the past twelve months, we have seen more and more clients experiencing a variety of cybersecurity incidents. Most prominently, these have been “business email compromise” incidents as well as malware deployments, such as ransomware attacks. The latter have received […]
Enforcement of mandatory electronic logging devices for Canadian carriers
Transport Canada has reaffirmed the June 12, 2021 rollout of Canada’s electronic logging device (“ELD”) mandate, but with a “progressive enforcement period” lasting up to 1 year. On June 12, 2019, Transport Canada published amendments to the Commercial Vehicle Drivers […]
Transporting cannabis within Canada as a common carrier
With the legalization of cannabis in Canada, and the growing industry resulting from the recent expansion of products containing cannabis that can now be legally sold (e.g. edibles and topicals) discussions regarding the circumstances under which these regulated products can […]
Drivers Inc: Classification issues in transportation
Introduction Proper classification of drivers is an ongoing issue. The way drivers are classified can significantly impact the obligations and operations of a business, as independent contractors are excluded from most employment standards and labour relations legislation both federally and […]
MTO survey on adoption of mandatory electronic logging devices for Ontario carriers
Ontario’s Ministry of Transportation (MTO) is conducting a survey to obtain opinions on the implementation of a mandatory requirement for motor carriers who only operate in Ontario to start using electronic logging devices (ELD). The survey is open until December […]
COVID-19: Exemptions: Hours of services TDG Quebec spring thaw weight restrictions
This bulletin is being written in line with the rapidly changing responses to the COVID-19 pandemic. The aim is to provide a high level overview of the recent developments in order to assist our transportation and logistics clients better understand […]
On the front line: Keeping supply chains moving despite COVID-19
Canada’s supply chains must continue to move across the country and around the world, and our clients in the transportation and logistics industries are on the front line in this endeavour. We salute their efforts, recognizing that they face unprecedented […]
Transport Canada’s Vehicle Cyber Security Strategy
Transport Canada (“TC”) has partnered with the U.S. Department of Transportation’s Volpe Center to develop TC’s Vehicle Cyber Security Strategy (“Vehicle Cyber Strategy”). The Vehicle Cyber Strategy is intended to set out forward-looking cyber security priorities for TC over the […]
CBSA Interim Turnaround Policy expiring November 2, 2020
Highway carriers engaged in cross-border operations should be aware that the Interim Turnaround Policy (the “Policy”) implemented by the Canada Border Services Agency (“CBSA”) will expire as of 11:59pm P.T. on November 2, 2020, as set out in Customs Notice […]
Supreme Court of Canada hears carbon tax constitutionality appeals
On September 22 and 23, 2020, the Supreme Court of Canada (“SCC“) heard appeals by Saskatchewan, Ontario and Alberta regarding the constitutionality of the Greenhouse Gas Pollution Pricing Act (the “GGPPA“). The SCC will decide whether the GGPPA, which regulates […]
New safety guidance for commercial vehicle operations during COVID-19
Transport Canada, the Public Health Agency of Canada, and Employment and Social Development Canada have collaborated to produce safety guidance for the further protection of drivers and employees working in commercial vehicle operations during the ongoing COVID-19 pandemic. The document […]
Labour Board rules that Foodora couriers can unionize
In Canadian Union of Postal Workers v Foodora Inc., released on February 25, 2020, the Ontario Labour Relations Board (the “Board”) held that Foodora couriers can unionize under the Labour Relations Act, 1995 (“Act”) on the basis that they are […]
Combatting Truck Driver Shortages: Recent Changes to Ontario’s Immigration Legislation
The Ontario government has introduced changes to the Ontario Immigration Act, 2015 to include a new immigration stream for transport truck drivers, in which individuals intending to work in this occupation and live in Ontario may now qualify to apply […]
