*As of November 26, 2021

Please remember that the best resource for real-time highway conditions will always be DriveBC.ca.

Tire and Chain Regulations in BC

The Government of BC’s tire and chain regulations, which mandate placement of chains based on vehicle configuration, can be found here.

Drivers must obey winter tire and chain signs throughout the province from October 1, 2021, to April 30, 2022. For select highways not located through mountain passes and/or high snowfall areas, tire and chain requirements end March 31, 2022. 

Federal EI Relief

The Government of Canada has approved a Request for Federal Assistance from the Province of British Columbia to help with their response to extreme flooding in the province.

The impact of the flooding is widespread, including in multiple Indigenous communities, and the emergency response is complex, requiring cooperation across all layers of government. In recognition of the significant, immediate challenges, the federal government is waiving normal EI rules for those directly impacted by the flood, including those that normally would not qualify for EI.

This include waiving the requirement to show a record of employment, recognizing that it may be difficult for many to obtain proper documentation under the circumstances.

Details on the federal financial relief program can be found here.

US IN-TRANSIT

FMCSA Provides Additional Reg Exemptions to Canadian Carriers in Aftermath BC Flooding and Road Closures

The US Federal Motor Carrier Safety Administration (FMCSA) has issued a Regional Emergency Declaration to facilitate movement of Canadian goods through the United States to bypass road closures and areas in Canada cut-off by flooding and landslides. 

Key highlights of the regulatory relief provided by FMCSA include:

• The ability for Canadian trucking companies and drivers (holding class 1, 2 and 3 licences) to operate from Canada to other points in Canada through the United States without a US DOT#, provided they hold a valid National Safety Code (NSC) certificate number issued by the appropriate authority in the base jurisdiction and a proof of registration in Canada have not been assigned a Conditional or Unsatisfactory safety rating by their base jurisdiction.
• That FMCSA will not enforce specific parts of the Drug and Alcohol Testing Regime and Clearing House.

Carriers are encouraged to carefully review the full details of the FMCSA declaration and the Notice of Enforcement Discretion to determine and its suitability to their operations. More information on the declaration can be found on our website.

For full details of the Regional Emergency Declaration click here and the Notice of Enforcement Discretion click here.

If you have questions on this declaration, please do not hesitate to reach out to the BCTA office.

CBSA AND CBP JOINT UPDATED EMERGENCY PROTOCOLS IN RESPONSE TO FLOOD SITUATION IN BRITISH COLUMBIA, CANADA

Information from the latest release by Canada Border Services Agency (CBSA) and Customs and Border Protection (CBP) on November 22, 2021 can be found here, including requirements that are designed to be utilized by Canadian domestic truck carriers that don’t normally cross the border in the normal course of their business as well as providing some guidance to international carriers carrying Canadian domestic shipments during the duration of these procedures.     

References:

For more information on United States Customs and Border Protection (USCBP) electronic manifesting and bonds, please see the following links: https://www.cbp.gov/document/technical-documentation/ace-bond-guide-electronic-truck-manifest  https://www.cbp.gov/document/guides/truck-manifest-create-manifest and https://www.cbp.gov/document/guides/truck-manifest-create-manifest-french

For more information on Canada Border Services Agency (CBSA) requirements for in-transit movement of Canadian goods through U.S. territory can be found in Departmental Memorandum D3-4-2, Highway Pre-Arrival and Reporting Requirements, paragraphs 59-66.

UNITED STATES CUSTOMS AND BORDER PROTECTION INTERIM SPECIAL MEASURES

The following guidelines for this special interim measure have been developed in consultation with various Industry Stakeholders, USCBP, and Other Government Departments within Canada and the United States to facilitate the movement of goods impacted by the current flooding situation in B.C. while also respecting the relevant laws and regulations that govern our joint CA-US border and national interests.  

General rules:

The following requirements are available to Canadian domestic truck carriers that do not have electronic manifesting capabilities or ability to file as a bonded carrier.  

• The area of operations will be initially limited to the following ports: 
  • Emerson, MB (502) 373-2841 (Pembina, North Dakota 701-825-5800 );
  • North Portal, SK (602) 927-6285 (Portal Station, North Dakota 701-926-7500);
  • Coutts, AB (705) 344-3766 (Sweetgrass, Montana 406-335-9610);
  • Kingsgate, BC (818) 424-5391 (Eastport, Idaho 208-267-3966);
  • Osoyoos, BC (819) 495-7092 (Oroville, Washington 509-476-2955); and,
  • PAC Highway B.C. (813) 1-800-461-9999 (Blaine, Washington 360-332-5771)

• For in-transit delays, such as a breakdown during transit, the carriers shall contact the nearest CBP port of entry 
• Expected duration of the following work around measures will be for the duration of the infrastructure delays or up to thirty days and re-evaluated once commercial traffic normalizes or operationally resumes. 
• All protocols and policies apply to any port of entry outside of the affected area, i.e., Seattle Field Office. 
• Carriers and importers failure to follow stipulated workaround procedures may be subject to enforcement and compliance actions that may delay clearance. Note that CBP will exercise maximum flexibility to ensure that legitimate transactions are facilitated but need cooperation from the industry sector to ensure facilitation.

Travel Documents Requirements:

• Western Hemisphere Travel Initiative (WHTI) compliant document is required for all drivers and passengers/co-drivers. 
  • Drivers and all vehicle occupants must be in possession of all documents, including approved Form I-194 waivers of inadmissibility, when applying for admission.
  • Those drivers and vehicle occupants who have a criminal history and do not have an approved waiver of inadmissibility will not be permitted to enter the United States.
  • https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative
  • https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative/faqs

Entry filing/requirements:

• Bond requirements for carriers within the containment area will be waived for non-traditional small time trucking companies. 
• User fee requirements will be adhered to, and fees will be collected. 
  • https://help.cbp.gov/s/article/Article-18
• CBP Officers will input the manifest information in ACE manually based on the submission of documents provided.

Container security/verification:

·         Containers must be properly sealed either prior to arrival or at the border. CBP personnel shall record and/or verify seal numbers upon entry ports of entry.  

·         Carriers will not unload or load any additional cargo or break the seal on the container/trailer while in the US.

·         Upon arrival to the U.S. border CBP primary booth, identification and any documents including bills of lading, packing lists, invoices, foreign government certificates, etc. as well as trailer license number will be provided to the CBP Officer and/or agriculture specialist.

·         Upon re-entering Canada, carriers transiting under this procedure will present themselves to CBSA personnel for verification of seals and collection of seal numbers and provide supporting documentation used for entry into the U.S. as well as driver identification.

Prohibited/restricted items:

• Prohibited items currently legal in Canada, but not in the U.S. will not be authorized for movement under these procedures. 
• Restricted merchandise, such as medical equipment, pharmaceuticals, agriculture commodities, and live animals, may require further review by CBP personnel at the port of entry.  This may include additional documentation as mandated by the appropriate regulatory agency (USDA, FDA etc). Additional information is provided below.
  • FDA Prior Notice requirements:  To help support the current emergency situation, FDA and CBP will assist using enforcement discretion when there is no prior notice for articles of food carried by Canadian domestic truck carriers transiting through the U.S. to reach destinations in Canada as a result of supply chain disruptions in British Columbia, Canada at this time. Regulatory discretion as described in FDA Compliance Policy Guide, Section 110.310 for imported food arriving from and exiting to the same country should only be considered if all the general rules and requirements identified in this CSMS are met. Any Canadian carriers that currently operate between the U.S. and Canada as well as domestically are expected to follow the standard procedures for transit, including the timely submission of prior notice for imported foods to FDA.
  • U.S.DA In-Transit Permits:  Most in-transit plant and animal permits issued prior to movement, will not be required for shipments utilizing these temporary procedures.  CBP Agriculture Specialists at the port of arrival in the U.S. will make a risk-based determination on any additional measures needed to safeguard these shipments. 

Canadian Food Inspection Agency (CFIA) Special Measures 

Food In-Transit 

• Carriers must either follow Departmental Memorandum D3-4-2 or the Emergency Protocol described above for food. The CFIA does not require  certification documentation for the movement of food, including meat, eggs and raw milk. The goods do not have to be declared to the CFIA’s National Import Service Centre. The food must meet all conditions in the Safe Food for Canadian Regulations as if it was moved between provinces.

Livestock Movements

• Companies must contact CFIA before organizing any shipment transiting through the USA. 

• An animal welfare agreement between United States Department of Agriculture (USDA) and CFIA that will allow for the emergency transit of live animals through the USA has been signed on November 18, 2021. This temporary measure allows for: 1) Emergency movement of animals outside of the flooded area through the U.S. in case it becomes necessary to evacuate and that all other Canadian roads are blocked or impaired, and 2) Travel of live animals from Alberta to slaughterhouses in B.C. due to a lack of capacity to slaughter those animals elsewhere. 

• Per the agreement, procedures will need to be put in place by CFIA and industry, including:
  • Animals must be inspected before loading and must be transported with an endorsed CFIA emergency transit Health Certificate with truck seal number(s) recorded on the certificate.  No USDA import transit permit will be required.
  • Every conveyance opening through which an animal could be moved in or out,  must have a CFIA seal applied to it before the truck leaves Canada.
  • When the truck arrives at the U.S. Port of Entry, USDA Port Personnel will verify the shipment has an endorsed Health Certificates, that the truck is properly sealed, and that the seals on the truck match what is documented on the endorsed health certificate. 
  • Transporters must ensure they have a contingency transportation plan in case the truck hauling the transiting animals cannot complete the trip for any reason.
  • The CBSA will keep records of shipment re-entry so that CFIA and USDA can compare records to ensure all emergency transit shipments proceeded as intended. 
  • Transporters may be required to follow a specified route through the United States.
• This special agreement will end once Canadian roads are re-opened for traffic. 
• Companies must contact CFIA before organizing any shipment transiting through the USA. 

• CFIA is finalizing guidance documents for CFIA staff and industry, but the measures will be implemented as soon as possible. 

COVID 19 HEALTH MEASURES

• There is no change to existing guidance and communications regarding pandemic related matters.
• Commercial drivers, as persons employed in the trade and transportation sector and crossing the border in this capacity, are considered under the existing provisions for truckers. 
• Pre-arrival testing, quarantine requirements and post arrival testing are not required for persons in the trade or transportation sector who is important for the movement of goods or people, including a truck driver or crew member on any aircraft, shipping vessel or train, who enters Canada for the purpose of performing their duties as a member of that sector.

 These temporary interim measures are subject to change and/or may be updated as the situation evolves. We will communicate further guidance and/or updates as applicable.