On May 12, 2025, Alberta’s Minister of Transportation, Devin Dreeshen, signed Ministerial Order 20/25, which introduced amendments to the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002). These changes are already in effect and impact driver recordkeeping requirements, NSC Standard 15 audit scoring, and NCCR evaluations.

Despite reaching out to Alberta Transportation Compliance and Oversight and the Alberta Motor Transport Association (AMTA), I have received no clarification or further information on the updated requirements or the prescribed new form. Stakeholders are left without guidance on compliance changes that are now enforceable.

Summary of Key Changes to Section 41(1): Driver Records

Previous Regulation:

Carriers were required to maintain the following:

• (a) A completed application form including a 3-year employment history
• (b) A driver’s abstract dated within 30 days of hire
• (c) Annual updated driver abstracts
• (d) The 3-year employment history (repeated for clarity)

Revised Regulation (Post-Ministerial Order 20/25):

• (a) The application form now includes employment history – the 3-year employment history requirement is removed
• (b) The requirement for an abstract upon hire is removed
• (c) The annual abstract clause now includes the requirement for an abstract within 30 days of hire

My Interpretation of the Changes:

The revised wording appears to consolidate several previous requirements:

• The application and employment history are now merged into one item.
• The abstract upon hire and annual abstract are now a combined requirement.

Impact on NSC Standard 15 & NCCR Audit Scoring

Previously, carriers could earn up to 4 points across four individual audit questions. Now, due to the consolidation:

• Only 2 broader clauses appear to remain.
• If a carrier complies with one part (e.g., abstract upon hire) but fails another (e.g., annual abstract), the entire clause is scored “no,” resulting in the loss of both points.

Key Concern:

This scoring method could disadvantage carriers and negatively impact audit results unless there is an accompanying change to the scoring methodology—which has not been communicated by Alberta Transportation.

New Requirement: Record of Commercial Driving Experience (driver exit abstract)

Ministerial Order 20/25 introduces two new sections: 31.3 and 31.4.

Section 31.3(1–2):

• Requires carriers to maintain a record of commercial driving experience for each driver.

Section 31.4(1–2):

• Requires carriers to provide a commercial driving experience certificate when a driver departs.

My Understanding:

This relates to drivers transitioning from Learning Pathway (Alberta-only restricted license) to a full Class 1 license. However, the specific certificate format or template has not been made available.

What Should Carriers Do Now?

Here’s my advice until further direction is provided:

✅ Update your safety program driver recordkeeping policies:

• Ensure your driver application form includes employment history.
• Remove the outdated requirement for 3-year employment history.
• Ensure your driver abstract process includes an abstract within 30 days of hire and is updated annually.

✅ Review your driver files:

• Merge abstract records if they are kept separately (e.g., one for hire and one annual).
• Revise your hiring policies and forms to reflect current regulation.

⚠️ Regarding the commercial driving experience certificate:

• Do not take action on this requirement until the Registrar provides a prescribed form or official guidance.
• If you are penalized in an NSC Audit, NCCR, or investigation for not having this form:
  • Appeal immediately or challenge it in court.

Final Thoughts & Call to Action

It has now been over a month since the Order was signed, and Alberta Transportation has failed to provide adequate updates or resources to affected carriers. This level of information hoarding puts carriers at risk of non-compliance through no fault of their own.

What You Can Do:

• Email Alberta Transportation Compliance and Oversight to request:
  • A template of the commercial driving experience certificate.
  • Clarification on the updated scoring structure for NSC audits.

I will continue reaching out to Alberta Transportation and the AMTA. As soon as I receive any updates, I will post a follow-up blog.

In a December 8, 2024, news release, Diane McLeod, Alberta’s Information and Privacy Commissioner, issued a reminder about the importance of transparency in government operations: “Citizens should be able to feel confident that governments will design systems and processes for day-to-day operations that promote transparency of government records.” Caroline Maynard, Information Commissioner of Canada, echoed these sentiments, emphasizing that transparency is fundamental to democratic trust and civic engagement: “By embedding transparency into the very fabric of our public institutions, we not only build trust between Canadians and their governments but also empower citizens to actively participate in the decision-making processes that shape our society. This resolution is a significant step toward ensuring that our public bodies operate with the openness and accountability that Canadians rightfully expect.”

These principles are more than abstract ideals. They should be central to the actions of public institutions, including Alberta Transportation Compliance and Oversight. However, the department’s handling of the Federal Electronic Logging Device (ELD) mandate raises serious questions about its commitment to transparency.

The ELD Mandate Information Hoarding

Alberta Transportation Compliance and Oversight adopted the Federal ELD mandate on June 12, 2021, with enforcement beginning January 1, 2023. This provided an 18.5-month window between adoption and enforcement—ample time to prepare the industry. Yet, during this period, the department failed to provide critical guidance to commercial carriers, specifically safety officers who are required to monitor and verify driver records.

There has been no interpretation guide for the ELD mandate, no policy for required ELD driver monitoring, no educational materials for industry stakeholders, and no transparency regarding violations observed during reviews yet, Alberta Transportation Compliance and Oversight can sure write administrative penalties for these infractions. It is immoral and dishonest to hoard information and then subsequently write tickets because the information was not known.  This vacuum of information is particularly egregious given the significant operational changes ELDs already impose on federally regulated commercial carriers.

Instead of fostering compliance through education, Alberta Transportation Compliance and Oversight has focused on enforcement, writing administrative penalties for infractions rooted in ignorance. This approach mirrors the “cash cow” criticisms once levied at the province’s problematic photo radar system, which was ultimately dismantled for being unfair. The question is: How is this any different? When Alberta Transportation Compliance and Oversight adopts a new regulation, it has an obligation to educate stakeholders, not penalize them for a lack of knowledge.

Transparency: A Pillar of Public Trust

The issue at hand underscores why transparency must be a cornerstone of public administration. Government information belongs to the public, and withholding it undermines the relationship between institutions and citizens. Diane McLeod and Caroline Maynard’s calls for embedding transparency in daily operations are especially relevant here.

To that end, Canada’s Information Commissioners and Ombuds have recommended eight key principles for transparency in public institutions:

1. Ensure accessibility: Public institutions must maintain proper records and make them accessible to serve the public interest.
2. Default to openness: Transparency should be the default, with exemptions applied sparingly and specifically.
3. Design for transparency: Systems and processes should prioritize making critical information easily accessible, separating sensitive data for clarity.
4. Integrate transparency: Embed openness into daily operations, ensuring information is captured and proactively shared.
5. Diversify formats: Information should be accessible in both digital and non-digital formats to meet diverse public needs.
6. Meet deadlines: Institutions must adhere to access request deadlines and proactively share key operational details.
7. Limit confidentiality: Confidentiality clauses should only be used when legally necessary, avoiding unwarranted secrecy.
8. Train staff: Public servants should receive proper training on records retention and transparency responsibilities.

These principles are essential for fostering a culture of accountability and openness in all levels of government.

The Path Forward for Alberta Transportation Compliance and Oversight

To rebuild trust, Alberta Transportation Compliance and Oversight must shift its focus from enforcement to education. Developing and distributing an ELD interpretation guide, creating clear policies, and providing comprehensive educational resources are urgent priorities. Transparency should no longer be treated as a peripheral concern but as a fundamental aspect of governance.

Furthermore, the department must address systemic issues such as the broken Carrier Profile system and the horrendous TPA program. These tools should serve to enhance safety and compliance, not create additional barriers for measuring accurate commercial carrier safety performance. 

Conclusion

Information hoarding by Alberta Transportation Compliance and Oversight runs counter to the democratic principles of openness and accountability. As Information Commissioners McLeod and Maynard highlight, transparency is the foundation of public trust and meaningful civic participation. It is time for Alberta’s transportation authorities to embrace these values fully, ensuring that their systems and policies reflect a genuine commitment to serving the public interest. Governance rooted in openness and education is not only fairer but also more effective.