Part IIFinal RegulationPublished: July 5, 2023
Ticketing for Hours-of-Service Offences
Regulations Amending the Contraventions Regulations (Schedule XVIII): SOR/2023-137
About 60 existing offences in the Commercial Vehicle Drivers Hours of Service Regulations are now designated as contraventions so enforcement officers can issue tickets instead of proceeding by summary conviction. The change came into force on 2023-06-19 and establishes tiered set fines (drivers: $300–$1,000; motor carriers: $600–$2,000).
- Published
- July 5, 2023
- Department
- Unavailable
- Section
- Regulations Amending the Contraventions Regulations (Schedule XVIII)
- Comment deadline
- Unavailable
- Effective date
- June 19, 2023
- Publication part
- Part II
Summary
Summary#
These final regulations add a new Schedule XVIII to the Contraventions Regulations to let certain offences in the Commercial Vehicle Drivers Hours of Service Regulations be handled by ticket instead of court. The change applies as of June 19, 2023 and covers roughly 60 existing offences with set fines.
What it does#
- Adds Schedule XVIII to the Contraventions Regulations, listing about 60 provisions of the Commercial Vehicle Drivers Hours of Service Regulations as contraventions.
- Lets enforcement officers issue tickets under the Contraventions Act for those listed offences instead of always using the slower court process.
- Sets three tiers of fixed fines. Examples of the ranges:
- Drivers: $300–$1000 depending on the offence.
- Motor carriers: $600–$2000 depending on the offence.
- Gives concrete examples from the schedule:
- Subsection 13(3)(a): drive after 16 hours between required off-duty periods — $1000 (driver); 13(3)(b) for motor carrier — $2000.
- Subsection 77(7): failure to carry required ELD information packet — $600.
- Does not create new offences or new duties. It only changes how existing offences can be enforced (ticketing instead of going straight to summary conviction).
Who's affected#
- Commercial drivers who must follow the Commercial Vehicle Drivers Hours of Service Regulations (inter-provincial and international drivers).
- Motor carriers (companies that operate those commercial vehicles).
- Enforcement bodies and prosecutors in provinces and territories that administer contraventions tickets on behalf of the federal government.
- The federal departments involved in policy and enforcement, including Transport Canada and Department of Justice Canada.
Why it matters#
- Ticketing gives officers a faster, simpler way to enforce hours-of-service rules, so minor offences can be dealt with quickly without a court case.
- The goal is better compliance with rules that limit driving hours and require rest. That reduces driver fatigue risks and can improve road safety for all drivers.
- For people who get a ticket, paying the set fine is an option that avoids a court appearance; a ticket can still be contested in court if the person chooses.
- The change aims to save time and resources for enforcement agencies, prosecutors and courts, and to make enforcement more consistent and practical.
Key topics
Contraventions RegulationsContraventions ActContraventions RegimeCommercial Vehicle Drivers Hours of Service RegulationsHOS RegulationsElectronic Logging DeviceELDTransport CanadaDepartment of Justice Canadadriver fatiguecommercial motor vehiclesmotor carriersticketingset fines
Source: Canada Gazette