Evidence of meeting #14 for Transport, Infrastructure and Communities in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was misclassification.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Patty Hajdu  Minister of Jobs and Families
Steven MacKinnon  Minister of Transport
Vanstone  Director General, Multi-Modal and Road Safety Programs, Department of Transport
Hassan  Deputy Minister of Labour and Associate Deputy Minister of Employment and Social Development, Department of Employment and Social Development
Baxter  Assistant Deputy Minister, Department of Employment and Social Development

The Chair Liberal Peter Schiefke

I call this meeting to order.

Welcome to meeting number 14 of the Standing Committee on Transport, Infrastructure and Communities.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Thursday, September 18, the committee is resuming its study on the changing landscape of truck drivers in Canada.

Today's meeting is taking place in a hybrid format.

Colleagues, I'm jumping right to it because we only have until 10:15.

I'd like to welcome our witnesses. Appearing before us, we have the Honourable Patty Hajdu, Minister of Jobs and Families, and, of course, the Honourable Steven MacKinnon, Minister of Transport.

We also have officials accompanying the ministers today. From the Department of Employment and Social Development, we have Sandra Hassan, deputy minister of labour and associate deputy minister of employment and social development, and Brenda Baxter, assistant deputy minister. We also have, from the Department of Transport, Arun Thangaraj, deputy minister, and Melanie Vanstone, director general, multi-modal and road safety programs.

Welcome to you all. I would like to thank you all for being with us early this morning.

We'll begin with your remarks.

For that, Ms. Hajdu, I'll turn the floor over to you. You have five minutes.

8:20 a.m.

Thunder Bay—Superior North Ontario

Liberal

Patty Hajdu LiberalMinister of Jobs and Families

Thank you, Mr. Chair.

I am very pleased to be here with you to speak to the committee about truck drivers and the measures we are taking to protect them.

I'm here today to talk about the next steps to take to protect truck drivers and tackle worker misclassification.

I'm joined by Sandra Hassan, the deputy minister of labour, Assistant Deputy Minister Brenda Baxter—I believe there are other officials in the room as well—and my colleague, Minister MacKinnon, who will say a few words as well.

Every day, as you all know and as you've been hearing, truck drivers keep our country moving. They deliver the food, fuel and goods Canadians depend on. Some work for companies, while some are independent contractors. The trucking industry and all of these workers are vital to our transportation and our economy.

Some drivers choose this path of independent driving because they value the flexibility it offers. They invest in their equipment, they take on clients and they build their reputation, just like every other small business owner. However, not every independent driver is legitimately a business, as I'm sure you've been hearing. As you've heard from expert testimony, there is a misclassification issue that's been a growing problem in the trucking industry.

I want to be very clear: Misclassification is exploitation. It strips workers of their rights and creates an uneven playing field for the many honest companies that follow the rules. That's why we have been taking increasingly strong action to root out this behaviour.

In 2023, the federal government invested $26.3 million to fight misclassification in the federally regulated road transportation sector. A national employee misclassification team was created, made up of labour standards inspectors dedicated to enforcement in trucking. Since April 2023, the team has focused on high-risk employers suspected of misclassification, drawing from our list of employers with a history of non-compliance, employers provided through our tip line and names provided by stakeholders. So far, the team has initiated over 650 inspections. Of those, 129 found were found to be cases of misclassification.

Today, the government announced that budget 2025 will invest $77 million over four years and $19.2 million annually on an ongoing basis for the Canada Revenue Agency to implement a strong compliance program that addresses non-compliance issues related to personal services businesses. The budget will also lift the moratorium on reporting fees for services, also known as T4As. This moratorium was put in place in 2011, ostensibly to cut red tape, but it's allowed the growing practice of misclassification. The budget would also propose allowing the Canada Revenue Agency to share information, including audit results, with the ESDC for the purpose of administering and enforcing the Canada Labour Code as it relates to the classification of workers.

These measures will make sure that drivers and the companies that hire them comply with tax and labour code regulations. When misclassification is suspected, we will investigate and enforce the law.

Roughly 80% of the employers found to be non-compliant have since agreed to properly classify their drivers. Employees who misclassify have been facing escalating enforcement measures and administrative monetary penalties. In June 2024, further amendments to the Canada Labour Code strengthened the ban on misclassification. These changes made it increasingly clear that it is illegal to misclassify workers, and all workers are presumed to be employees unless an employee can prove otherwise. In other words, the burden of proof now lies with the employer.

We're also taking enforcement right to the highways. The team is partnering with provinces to meet drivers at weigh stations to explain their rights and identify employers breaking the law. Recent joint operations with the Canada Revenue Agency, worker compensation boards and provincial transportation agencies, including those of Quebec, Ontario, Alberta and British Columbia, are strengthening enforcement and outreach all across the country, and more operations are on the way.

To strengthen compliance even further, the labour program will launch a major inspection blitz in the greater Toronto and Hamilton areas this fall to address misclassification. I've asked my officials to fast-track enforcement measures and swiftly issue penalties when violations are found, and I've directed the department to increase the administrative monetary penalties regime to send an even stronger message.

This includes reviewing the public naming of employers who break the law, because transparency drives accountability. That work is commencing immediately.

In addition, since April 2024, the government has issued over 750 payment orders to employers totalling over $4.1 million in unpaid wages and other amounts owed to employees. That's money that belongs in the wallets of working people. Too often it is vulnerable workers who are hit the hardest. Many of them are newcomers to Canada who have trusted that the system will protect them.

I'd also like to talk about another serious issue, the abuse of temporary foreign workers in the trucking sector. The temporary foreign worker program is meant to fill critical employment gaps temporarily as a last resort and only when qualified Canadians and permanent residents are not available. Employers must demonstrate their efforts to recruit within Canada. Misclassification of workers and the use of Driver Inc. arrangements are prohibited under the temporary foreign worker program, and that means that labour market impact assessments cannot be granted to foreign workers who are applying as independent contractors. Under the program, workers must be employees of the trucking company with the same wages and benefits as other drivers. The government continues to oversee and enforce temporary foreign worker protection and ensure compliance in key sectors, like trucking.

I believe, as I think everyone in this room does, that workers in Canada deserve to have their rights protected. I want to be very clear. When non-compliance is found, we will take action, including any abuses linked to the Driver Inc. model.

Thank you.

The Chair Liberal Peter Schiefke

Thank you, Minister.

The floor is now yours, Minister MacKinnon. You have five minutes.

8:25 a.m.

Gatineau Québec

Liberal

Steven MacKinnon LiberalMinister of Transport

Thank you very much, Mr. Chair.

It is a great pleasure to be here, accompanied by my new colleagues from Transport Canada and my former colleagues from the Labour Program and Employment and Social Development Canada, or ESDC.

I would like to thank the committee for inviting me here today.

First, I would like to say how privileged I feel to have recently been appointed Minister of Transport. It is a great honour, and I am very excited about working with you on this committee and, more broadly, working together to build our country and strengthen our economy.

I would also like to take a moment to highlight the remarkable contributions of the Canadian trucking industry. Across Canada, more than 1.2 million commercial vehicles transport hundreds of billions of dollars in goods each year. Every time we see well-stocked shelves, whether it’s food, clothing or household items, we have a truck driver to thank, and that role will only grow as we aim to double our non-US exports. By the end of the decade, we will need our truckers even more to transport our wood, steel, aluminum and natural resources to new markets.

As Minister of Transport, I recognize that this industry is changing rapidly and that these changes bring new challenges. One of the issues posing a challenge is the “Driver Inc.” model or scheme, which raises important questions about labour practices and taxation. This is an important issue that our government takes very seriously, and has done so for a long time.

We all share the same goal: a safe, fair and competitive trucking industry. In this regard, our government has just announced some excellent news that will come from the 2025 budget. Incidentally, I believe this was one of the Bloc Québécois’ requests for the budget. The budget provides $77 million over four years, with permanent funding of $19.2 million per year, to enable the Canada Revenue Agency to strengthen compliance in the industry. These investments will help identify non-compliant companies, support drivers affected by misclassification and ensure that every company contributes fairly to the programs that Canadians depend on.

The budget also creates legislative amendments to improve information sharing between the Canada Revenue Agency and ESDC, thereby strengthening enforcement of the Canada Labour Code. In other words, this is a concrete initiative to protect workers, ensure a level playing field and strengthen confidence across the sector.

At Transport Canada, we are working closely with ESDC to support these efforts and promote responsible business practices across the country. On one specific point, there can be no compromise. Regardless of the business model, safety must always come first; it is the absolute priority. Safety is a shared responsibility between the federal, provincial and territorial governments, and with the industry itself, of course. The National Safety Code for Motor Carriers is one of the essential pillars of this collaboration, containing 16 standards governing the safe operation of commercial vehicles and carriers.

Take electronic logging, for example. It has simplified record keeping, strengthened compliance with the Commercial Vehicle Driver Hours of Service Regulations and helped prevent fatigue. These are major advances for road safety, but we know there is still much work to be done.

More recently, the Canadian Council of Motor Transport Administrators, or CCMTA, was mandated to analyze carrier safety certificates to more effectively identify those with problematic histories. The results of this work, combined with our joint efforts, will guide future improvements to the national framework and help facilitate domestic trade.

I would also like to highlight an important initiative organized by Transport Canada last July. The “trucking hackathon” brought together representatives from all levels of government and industry to identify concrete solutions to eliminate trade barriers that affect the free movement of goods between provinces.

This hackathon sparked rich exchanges and innovative ideas to improve both domestic trade and road safety. There's still a lot of work to be done, but I am confident that, together, we are moving in the right direction.

Before concluding, I want to emphasize one key idea. Collaboration is our greatest strength. The trucking industry is essential not only to our economy but also to our communities. It connects people, goods and opportunities across this very large country. By working hand in hand—government and industry—we can ensure that Canada's transportation system remains safe, efficient and sustainable for generations to come. This is the message that I had when I met with the trucking industry. We'll work together to strengthen the sector, to protect good Canadian jobs and to build our economy.

Thank you very much, Mr. Chair.

The Chair Liberal Peter Schiefke

Thank you, Minister.

Colleagues, we're all very eager to ask questions of the ministers and the department officials. As you know, I'll do my best to ensure time equity, split amongst all of you.

With that, I have once again with me two placards, proudly shared with me by my children from their craft box.

One means that there are 15 seconds left. The other one means your time is up. I will do my best to ensure that you're all given equal time.

To start us off today, we have Mr. Albas.

Mr. Albas, the floor is yours. You have six minutes, sir.

8:30 a.m.

Conservative

Dan Albas Conservative Okanagan Lake West—South Kelowna, BC

Thank you, Mr. Chair.

Thank you, ministers and officials, for your service to our great country.

Mr. MacKinnon, Canadians are dying on the roads, and it seems that you're spending more time keeping your government safe than keeping Canadians safe on the roads. What do you say to that criticism?

Steven MacKinnon Liberal Gatineau, QC

I haven't heard that criticism.

8:30 a.m.

Conservative

Dan Albas Conservative Okanagan Lake West—South Kelowna, BC

You just did.

Steven MacKinnon Liberal Gatineau, QC

What I can tell you is that I am a full-time Minister of Transportation. I spend an inordinate amount of time worrying about rail safety, road safety and air safety, worrying about the multitude of issues, infrastructure issues and other issues, and this issue, on which I was proud to collaborate with my colleague Ms. Hajdu, with the labour program, where I have a special acquaintance, and I was able to help orchestrate some of the improvements last spring that you saw in this issue.

There's a lot going on, Mr. Albas, and we look forward to more.

8:30 a.m.

Conservative

Dan Albas Conservative Okanagan Lake West—South Kelowna, BC

Actions speak louder than words. The old saying is that if you don't have time, you give money.

What investments in road safety will be in the budget? If you can't give concrete examples today, will you at least commit to putting a firewall around any cuts that you need to make to any safety program under your portfolio?

Steven MacKinnon Liberal Gatineau, QC

I can assure you there'll be no compromise on safety, ever. I can point you to the $77 million that will be in the budget, or won't be in the budget if it does not pass, unfortunately. It will make this vast improvement, we think, to the trucking regime in the country.

8:30 a.m.

Conservative

Dan Albas Conservative Okanagan Lake West—South Kelowna, BC

There's that House leader role again.

Minister, National Safety Code 16, the requirements for a class 1 driver's licence for extraprovincial driving, right now is a recommendation. We have a patchwork system in this country with varying standards. Why is it not a law for extraprovincial? That's an area under your direct responsibility, sir.

Steven MacKinnon Liberal Gatineau, QC

We have a collaborative system in this country, in terms of transportation. Some parts of it are exclusively provincial. In fact, you could argue that the heavy half of the regulation of trucking is found at the provincial level. Certainly, enforcement is found at the provincial level, and where we collaborate is nationally. It's not necessarily, in many cases, a federal system but a national system, through the CCMTA or others, where we collaborate and establish standards. In all events, this needs to be a collaborative—

8:30 a.m.

Conservative

Dan Albas Conservative Okanagan Lake West—South Kelowna, BC

Minister, the safety fitness certificate is set by you, as the Minister of Transport, through the Motor Vehicle Transport Act. I hope you take this suggestion seriously.

I'm going to pass on my time to Mr. Groleau, please.

Thank you.

8:30 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

Mr. Chair, distinguished guests, Minister MacKinnon, Canadians and Beaucerons are very concerned about the “Driver Inc.” phenomenon. As you know, accidents occur every week. Every day, untrained drivers are on our roads, endangering the lives of our fellow citizens.

What concrete measures have you taken since becoming Minister of Transport to ensure safety on our roads?

Steven MacKinnon Liberal Gatineau, QC

We just tabled one this morning. You saw the announcement made by my colleague François-Philippe Champagne, together with Ms. Hajdu and myself, with the aim of combatting this phenomenon. We are tackling the “Driver Inc.” scheme head-on, and we have been looking into it for quite some time.

8:30 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

Thank you for your response. Mr. MacKinnon, but I am addressing the Minister of Transport, not the Minister of Finance.

Do you believe that the federal government has a responsibility for road safety, yes or no?

Steven MacKinnon Liberal Gatineau, QC

Absolutely. Through standards, collaboration with the provinces and our federal legislation, we must ensure road safety, just as we do for other modes of transportation.

8:35 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

So, if you believe you are responsible for safety on our roads, you have surely seen, like everyone else here, the episode of the CBC’s Marketplace program entitled Truckload of Trouble. People were getting driving licences in 48 hours. Did you see that program? Why didn’t you intervene in this matter?

Steven MacKinnon Liberal Gatineau, QC

This is an issue that must be addressed by the Société de l’assurance automobile du Québec, or SAAQ. Certifying drivers is a provincial responsibility. We are obviously focusing on standards, especially with regard to interprovincial trade. However, when it comes to policing or certifying truck drivers, that is the responsibility of the province—

8:35 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

I apologize for interrupting, I don’t mean to be rude, but I don’t have much time. At the federal level, why is the Liberal government encouraging these practices instead of condemning them?

Let me explain what I mean. It has been confirmed that Canada Post, a federal agency, has abandoned traditional secure transportation in favour of awarding contracts to companies using the “Driver Inc.” model.

Why are you condoning this, Mr. MacKinnon?

Steven MacKinnon Liberal Gatineau, QC

Canada Post is obviously an independent agency. Its employees, with whom we are currently negotiating, are unionized. If such a practice existed, we would obviously look into it. I would be very surprised—

8:35 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

This has been confirmed by this study.

Will you be taking action on this matter, Mr. MacKinnon?

Steven MacKinnon Liberal Gatineau, QC

We intervened this morning to put an end to the scheme that was put in place by Mr. Harper in 2011.

8:35 a.m.

Conservative

Jason Groleau Conservative Beauce, QC

You are talking about the measures taken by the Minister of Finance. Here, we are talking about safety. I am talking about saving lives, Mr. MacKinnon.

What you are talking about does not save lives.