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...
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...
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...
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...
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...
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...
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...
