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.

Ending Photo Radar: A Cash Cow or a Safety Tool?

Yesterday Minister Devin Dreeshen announced the end to photo radar enforcement on Alberta highways. Nobody likes photo radar but, it’s the reality of keeping drivers accountable. Minister Dreeshen stated the program was a cash cow and there was no proof it actually improved road safety. Postmedia reported, “When someone says photo radar is the be all and end all, when it comes to accidents, the municipalities that actually removed photo radar, the data doesn’t support that,” Dreeshen told reporters at the legislature. His office declined to provide data to support his statement. Mark Neufeld, the head of the Calgary Police Service called him out for that comment because it’s insulting, and it diminishes the value of enforcement in reducing road incidents. Did the photo radar program get abused to increase revenue? Probably, but does that mean you scrap the whole program? Maybe move the cameras from the cash cow areas? One problem does not invalidate the entire program.

Opposition to Speed Limiters

Minister Dreeshen has a history of disdain for speed enforcement, and this was evident in his rejection of speed limiters for commercial vehicles in Alberta. When British Columbia introduced speed limiters for commercial vehicles in April 2024, limiting commercial vehicles to 105 km/hour, Minister Dreeshen stated “Alberta has no intention to further limit the speed of commercial trucks.” This stance, favoring transportation business interests over road safety, is concerning given the preventable collisions caused by speeding trucks. Vehicle manufacturers cannot out-engineer poor driver decisions and that leaves law enforcement the only option to control speeding. Modern safety features like seat belts and airbags are standard and save lives, so why not speed limiters? Commercial vehicles already collect speed data through GPS and electronic logging devices, yet enforcement rarely holds company owners accountable. Why not write some penalties to the owners for allowing the excessive speed? We already know there are untrained drivers with fake driver licenses all over Canada’s roads, at least control how fast they can go.

Lack of Oversight for Commercial Vehicles

The only mechanism to monitor the on road performance of commercial vehicles registered in Alberta is the Carrier Profile system. The Carrier Profile system has been unable to share enforcement data with all the jurisdictions since 2019 and zero effort has been made to mitigate that situation. This means Alberta Transportation Compliance and Oversight is overseeing inaccurate data. The Third Party Auditor (TPA) program is also fundamentally flawed with inaccurate data because TPA auditors do not have encryption keys to review unencrypted records of a driver’s working time. Insurance companies use this flawed carrier profile information to determine risk when issuing commercial vehicle insurance policies. If Alberta really wants to tackle insurance rates, then insurance companies are going to need to start doing their own carrier compliance assessments and not relying on the information from government.

Safety vs. Business

Minister Devin Dreeshen decisions reflect a pattern of favoring economic concerns over road safety. While his actions may appeal to truckers and businesses, they leave Alberta’s roads less secure. Stricter enforcement, targeted photo radar, and mandatory speed limiters could save lives, but achieving this requires a shift in priorities and maybe an apology to Mark Neufeld and everyone in enforcement.

The Government of Alberta announced changes to the MELT Class 1 Mandatory Entry Level Training program, turning the program into an apprenticeship model. These changes are urgently needed today but, it will take time to launch the program and is expected March 1, 2025. Currently MELT drivers pay upwards of $10,000.00 to obtain a Class 1 drivers licence and then most can’t find a job because insurance companies require two years of over the road experience. This apprentice model should fulfill the insurance company requirements and hopefully open federal funding for new students.

All of this is great stuff but, the reality is Alberta will produce quality, well trained drivers and put them to work in an industry that is a disaster. It is like raising Kobe beef only to sell it to Burger King. If commercial driving is going to be a trade, then it is time to hold the road transportation industry to that trade standard.

Transport Canada and the provinces and territories need to take a hard look at the road transportation sector and make some changes. There is zero accountability for trucking companies that utilize questionable practices like Driver Inc to circumvent taxes, immigration and human rights regulations. Driver Inc is a model based on commercial drivers, who do not own/lease or operate their own vehicle. These drivers are becoming incorporated and not paying source deduction like income taxes or Employment Insurance. The prevalence of chameleon carriers operating across Canada highlights the need for greater oversight and enforcement measures. A chameleon carrier is a trucking company that, if cited or closed down for a marginal safety record, quickly changes its name and address and restarts operations.

Chameleon carriers operate unchallenged across Canada, in Alberta the penalty for lying on a Safety Fitness application to fraudulently obtain a Safety Fitness Certificate is $1000.00 and the company is allowed to keep operating. To compare, also in Alberta, the penalty for not stopping for an invasive species boat inspection is $4200.00. Why does Alberta Transportation and Economic Corridors (TEC) not take road safety as serious as Alberta Environment takes protecting our lakes?

Alberta does not have accurate enforcement information from all jurisdictions, see my blog, Don’t look behind the curtain! unveiling the Alberta Transportation safety scam. Unless the provincial jurisdictions specifically contact each other about unsafe carriers potentially moving into other jurisdictions, a tragedy is usually the first notification. There is not a central transportation regulatory body in Canada that collects safety data as there is in the United States, the broken carrier profile system all we have in Alberta.

These sketchy chameleon carriers also can be self-insured. Because of this they can cause mayhem, then go bankrupt and start over with zero consequence. Trucking company insurance minimum requirement in Alberta is $10 million dollars. How much do you think a bridge or infrastructure strike costs to repair? British Columbia recently substantially increased the fines and jail time for drivers that hit structures. What about the trucking company that employs the driver? It may be the driver’s fault but, it is the carrier’s responsibility.

The lack of support systems for both rookie and experienced drivers exposes them to exploitation and mistreatment within the industry. Drivers have zero complaint options, even after being abused, unpaid, disrespected, forcibly dispatched and worse. Complaint procedures in Alberta are convoluted and inadequate, leaving drivers without effective recourse when faced with issues such as unpaid wages or unsafe working conditions. Alberta TEC, Compliance and Oversight department complaint procedures are an offense to the rights of workers that need urgent protection. The complainant is sent a witness statement via email. The issue is that the document it is a non-fillable PDF, so the driver needs to print it, physically fill it in, sign it, scan it, and email it back. How does that help or support the driver? Consider a driver that finally gets the courage to complain to the government and gets told to fill out a form. Drivers in a Driver Inc. situation working for chameleon carriers that go bankrupt and leave unpaid wages are not eligible for employment benefits because they are not employees. As a Driver Inc driver the only option is to get a lawyer and sue. Kobe beef cattle has more protections than drivers in Canada.

The qualified driver shortage is a real safety problem, and more training and experience is better for drivers and everyone on the road. Changes must be made in conjunction with large-scale fundamental improvements to the carriers and industry that employ these drivers. Commercial driving is dangerous and lonely with poor pay, no wage guarantees, terrible working environments with limited rest areas and parking. Unless you fix systemic issues, these red seal drivers will leave the industry or die on the highway trying. Make commercial driving a trade that people aspire to undertake the training and time to become a red seal, anything less is another waste of drivers’ time of money.

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