Transport Canada enforcement of non-compliance AMPS regime

Transport Canada proposes to enforce Administrative Monetary Penalty (AMPs) on non-compliance issues under the Motor Vehicles Safety act. The proposed amendment is published in the Canada Gazette Part 1, volume 156, May 7, 2022.

The proposed Regulations would come into force on the 90 days after publication in the Canada Gazette, Part II.

The regulations will create an additional regime for enforcing the MVSA and its regulations by designating provisions of the MVSA and the MVSR and setting out maximum penalties for each designated provision.

The Motor Vehicle Safety Act (MVSA) functions on the principle of self-certification, where the companies that manufacture, distribute and/or import vehicles, tires, or equipment for use in the restraint of children and disabled persons certify compliance with the requirements by marking the products to this effect and keeping documented evidence of compliance. Transport Canada verifies compliance through testing, inspection, and other oversight activities.

The maximum amount payable for any AMP as not more than $4,000, in the case of an individual, and not more than $200,000, in the case of a corporation or company.

The new AMPs regime would include flexible penalty amounts. The MVSA limits the maximum amount payable for a violation to $4,000 for an individual, and $200,000 for a corporation or company.

Table 1: Description of factors for assessing the severity of a violation
Table 2: Motor Vehicle Safety Act provides description of the violation
Table 3: Motor Vehicle Safety Regulations description of the violation (3)
Additional information on the Motor Vehicle Safety (MVS) Oversight Program is available in the MVS Oversight Guidelines.

Industry, including manufacturers, importers, distributors, public would be subject to the proposed AMPs under any of the designated provisions of the MVSA or the MVSR, or an order made pursuant to the MVSA.

For more information contact:

Standards and Regulations

Multi-Modal and Road Safety Programs

Transport Canada

330 Sparks Street

Ottawa, Ontario

K1A 0N5