NEW! Federal: Transport Canada requesting feedback on the creation of an Administrative Monetary Penalty Regulation

Transport Canada wants your feedback on creating a new safety regulation under the Motor Vehicle Safety Act (the Act) for administrative monetary penalties.  

In 2018, the Government of Canada updated the Motor Vehicle Safety Act, which gave Transport Canada the power to issue a financial penalty (similar to a fine) to anyone found to have violated requirements or orders made under the:

• Motor Vehicle Safety Act
• Motor Vehicle Safety Regulations
• Motor Vehicle Tire Safety Regulations, and
• Motor Vehicle Restraint Systems and Booster Seat Safety Regulations

These penalties are intended to encourage companies and the public to follow rules rather than break them.

To bring this power into effect, TC is creating a new regulation called the Motor Vehicle Safety Administrative Monetary Penalties Regulations in which they will:

• Identify the violations (which requirements and orders can be enforced through a penalty)
• For each violation, specify the maximum penalty amount
• Define related series or classes of violations

TC wants your thoughts on these changes. This is an informal consultation after which a regulatory proposal will be published in the Canada Gazette, Part I, followed by a formal comment period at which time you will also have the opportunity to provide feedback. The final regulatory requirements will be published in the Canada Gazette, Part II.

TC’s Enforcement Policy will be updated accordingly to describe:

• When and how details of known violations, and penalty amounts, will be made public
• What factors will be considered in setting the penalty amount for a violation.

To participate

Please read TC’s background document, and have your say. There are three ways to participate:

• Send a formal written submission via the “Submissions” tab by November 27, 2020.
• Participate in the discussion forum through the “Have your say” tab. The forum will be open until November 27, 2020. To participate, please go to "register" at the top of the page or sign in.
• Send in your comments by email to RegulationsClerk-ASFB-Commisauxreglements@tc.gc.ca and include “AMPR” in the subject line.

They are looking for feedback on four questions, including one in the discussion forum and three in the background document. You can also submit other comments related to this proposal.

Please be sure to include data, technical information or other proof to support your comments.

As set out in sections 19 and 20 of the Access to Information Act, be sure to identify any parts of your comments that TC shouldn’t make public because they include personal information or third-party information. Explain why your comments should be kept private, and for how long.

Unless you tell TC a section is private, it could appear in any regulatory proposal that Transport Canada publishes in the Canada Gazette.

Note: Only people who have shown an interest in participating will be sent an invitation.

Members are encouraged to respond to Transport Canada through the above links, or send your input to robertloenhart@propane.ca before November 20, 2020.