Mr. Chair and members of the committee, good morning. Thank you for allowing me to appear before you today.
My name is Chris McKee, and I am here on behalf of the members of the Atlantic Provinces Trucking Association. We are a privately funded non-profit group representing about 340 member companies that employ tens of thousands of Canadians across the Atlantic provinces. We are proud to be one of seven provincial associations that make up the Canadian Trucking Alliance.
I appear before you this morning because our members are suffering under the truck driver misclassification scheme that's proliferating in our industry, known as “Driver Inc.” Many of these members are generational family businesses, both large and small, that are now facing an existential crisis. Our members are being punished for doing things the right way, for being good corporate citizens.
Driver Inc. has weakened our industry from a safety, labour and competitive standpoint. This is a crisis of fairness, safety and the rule of law: If you follow the law, you lose; if you cheat, you win. Right now in Canada’s trucking industry, the cheaters are winning.
In Atlantic Canada, we are witnessing carriers downsizing fleets and reducing truck counts. We are seeing them pause or scale back employee benefits, such as health and dental benefits and RRSP contributions. In worst-case scenarios, they are laying off staff just to stay afloat and to compete against the bad actors that are flooding our marketplace.
As you've heard from witnesses who appeared before this committee earlier in the week, in the simplest terms, Driver Inc. is an illegal model whereby companies misclassify drivers as independent contractors instead of as employees. Drivers are often coerced into incorporating themselves, even though they drive company trucks and the company pays for their fuel, insurance and maintenance. Under the Canada Labour Code, those individuals are clearly defined as employees, not contractors.
Let's call it what it is: Driver Inc. is payroll fraud, tax fraud and labour fraud. This scheme allows companies to avoid paying payroll taxes like CPP and EI, costing Ottawa billions of dollars a year. They avoid labour obligations, such as overtime, holidays and paid leave. They avoid workers' compensation premiums, leaving drivers unprotected in the event of injury.
We estimate that these firms can undercut legitimate carriers by 25% to 30% per driver and avoid a payroll burden. This translates to between $20,000 and $30,000 per year per driver.
The perceived benefit to drivers is also deeply concerning. The continued moratorium on T4As removes accountability and has enabled a widespread underground economy to thrive in our sector.
Our members are not afraid of healthy competition. They are not losing because they're inefficient. They're losing because they follow the law. Rates are being driven to unsustainable levels, eroding profitability for compliant carriers.
In fact, one carrier I recently spoke with a few days ago just lost a major contract. The competing carrier that took the contract was quoting rates that have not been seen since the 1990s. This is how cheap these guys are, coming in and taking business from compliant companies.
As you also heard this week, training and safety standards are collapsing. As these operators cut corners on wages, they also cut corners on maintenance and compliance, and it is making our highways less safe.
Governments are losing millions annually and employment standards are eroding. Wages collapse and the driver shortage worsens because good people don't want to join an industry in which the rule-breakers are calling the shots. Every time a Driver Inc. company wins a contract, a legitimate Canadian business loses, and so do their workers, our communities and our tax base.
This committee does not need to invent new tools. They already exist. The government just needs to use them.
Our recommendations are aligned with those of our colleagues at the Canadian Trucking Alliance. We ask that you lift the T4A moratorium immediately, provide further resources to the CRA and ESDC to hire auditors, and continue to encourage information sharing among federal departments. We ask that you eliminate Drive Inc. fleets from government and Crown contracts, bar non-compliant carriers from immigration and training programs through the use of preferred and trusted employer models, and accelerate the work that Transport Canada is doing on a national carrier database for full transparency.
The bad actors are thriving, and they're expanding into Atlantic Canada. They're threatening the survival of compliant fleets, hollowing out our tax base and putting our public safety at risk.
Trucking is vital to our regional economy. We already face higher costs than many of our peers, longer empty miles and higher fuel prices. This is just another part of a perfect storm that is impacting our fleets.
It's time for Canada to take the same elbows-up approach on this issue that we've taken in trade and competitiveness: defending those who play by the rules, standing up for fairness and refusing to let the lawbreakers elbow their way to the front of the line.
Thank you very much for your time.