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National impact from transport legislation

Ontario's MTO has recently announced transportation regulatory changes that may affect your company and haulage com...


Ontario’s MTO has recently announced transportation regulatory changes that may affect your company and haulage companies that you do business with. According to the Ontario Waste Management Association, on January 1, 2006, changes to the federal Motor Vehicle Transport Act (MVTA) and Motor Carrier Safety Fitness Certificate Regulations will come into effect. These legislative and regulatory changes will end the current economic licensing of extra-provincial truck carriers and establish a national system based solely on carrier safety fitness.

All Canadian provinces and territories have agreed on this exclusively safety-based monitoring approach for the trucking industry and are working towards the same deadline and making similar changes, so that requirements are in sync Canada-wide.

To the above end, the Ontario is proclaiming the repeal of the Truck Transportation Act (TTA) on the same date to mesh with the federal changes, and moving the province’s truck regulatory approach to a monitoring system based exclusively on the safety performance of carriers. The Government Efficiency Act 2002 had repealed the TTA, but proclamation has been delayed in order to coordinate with federal MVTA amendments coming into force on January 1, 2006.

Originally introduced as a phased approach to economic deregulation, the TTA economic licensing scheme is no longer viable. The Ministry of Transportation’s (MTO) mandate is now focused exclusively on road safety, not control of market entry and exit. The repeal, which results in the elimination of carrier operating licence requirement and of load broker regulation, reduces the administrative burden and costs for new entrants into the trucking industry and supports a solely safety-based carrier monitoring system that will be in place throughout Canada after January 1, 2006.

Some regulatory provisions applicable to the carriage of goods for compensation under the TTA are retained in provincial statutes. Generally regarded as useful by the industry, the cargo insurance, contract of carriage and trust account requirements are moved to the Highway Traffic Act (HTA). Current exemptions to these measures have been preserved.

As a result of the repeal, the Commercial Vehicle Operator’s Registration (CVOR), which is safety-based, will be the only operating certificate required for trucking companies based in Ontario. Those from other Canadian jurisdictions are required to hold an equivalent certificate issued by their home jurisdiction when transporting goods within or through Ontario. Waste vehicles will still require MOE Certificates (System) and other non-MTO requirements will remain unchanged.

Ontario will also continue to require that all US carriers hold a CVOR certificate issued by the province or an equivalent safety fitness certificate from another Canadian jurisdiction in order to transport goods into, through and out of Ontario.


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