PART 2 – Background

The commercial trucking industry is an important component of the local economy. According to Industry Canada, over $100 billion in goods cross the Windsor/Detroit border annually making it the nation’s busiest commercial border crossing and handles one-third of all trade between Canada and the United States of America (USA).

Windsor is proximate to large markets in Canada and the USA. Local manufacturing facilities interact with facilities in the Metro Detroit area. There is access to the intercontinental rail network and an international airport capable of shipping cargo worldwide. Port Windsor is at the midway point of the Great Lakes St. Lawrence Seaway System. Windsor is an ideal location for a logistics facility.

A major component of the local logistics network is ground shipping (commercial trucking):

• ability to transport loads of value-added goods, that arrive via air, rail, or the Windsor Port;

• access to multiple international border crossings that includes transport of hazardous goods;

• connectivity to the provincial highway system with direct access to the USA interstate system when the Gordie Howe International Bridge is completed;

• connectedness of the local road network, including local freight generators;

• flexible scheduling allowing for “just in time” deliveries;

• ability to ship goods quickly and efficiently to locations within driving distance; and,

• flexible pricing for the services required.

Federal & Provincial Regulatory Environment

The trucking industry is a highly regulated sector that seeks to protect drivers and the public. At the Federal level, the Motor Vehicle Transport Act (MVTA) is the primary legislation that regulates the trucking industry across Canada. The MVTA only applies to extra-provincial truck and bus carriers that carry goods or passengers across a provincial or international boundary. The objectives of the MVTA are to ensure that the “regulatory regime … is focused on safety performance assessments based on the National Safety Code for Motor Carriers” and to ensure that the “operating standard that apply … are applied consistently across Canada.”

While Provincial and Territorial regulations govern the operation of the commercial bus and truck industry within their respective borders, those Provincial and Territorial regulations that apply to extra-provincial motor carriers shall comply with the MVTA.

In Ontario, the Highway Traffic Act (HTA) and associated regulations govern commercial motor vehicles and drivers. Other Acts, like the Dangerous Goods Transportation Act regulates the transportation of dangerous goods, including required documentation, handling, safety markings (labels and placards) and the certification of drivers.

Breaches of the legislation or regulations carry significant individual and carrier fines, as well as penalties that may include an out-of-service (OOS) order, driver and carrier audit by the Ministry of Transportation (MTO), and/or a revoked licence.