In Ontario, employment standards are governed by the Employment Standards Act, 2000 (ESA). According to the ESA, employees are entitled to be paid for all hours worked, including any time spent waiting for work-related activities.
In the scenario you’ve described, the driver started his shift, waited for border clearance (even though the system was down), returned to park the truck, and then went home, resulting in a total of 5 hours. While he didn’t complete the intended job due to factors beyond his control, he was still engaged in work-related activities during that time.
Based on the information provided, it could be argued that the driver is entitled to be paid for the 5 hours he spent on these activities. His employment contract stating that he’s paid on a commission structure for each job completed doesn’t necessarily exempt the employer from paying for hours worked that are related to his job responsibilities.