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Canada’s federal transportation agency, Transport Canada, does not function in the same manner as the U.S. Department of Transportation or the Federal Motor Carrier Safety Administration (FMCSA) with regard to commercial vehicle enforcement in Canada. Transport Canada does not have an enforcement branch nor do they enforce commercial transportation on a large scale.
Transport Canada has fully delegated its commercial vehicle enforcement authority to the provincial and territorial governments (collectively called “jurisdictions”). Commercial vehicle enforcement operates out of each jurisdiction’s commercial vehicle enforcement office. For example, British Columbia’s Commercial Vehicle Safety and Enforcement Office or Alberta’s Alberta Infrastructure and Transportation Vehicle Safety and Carrier Services Section. The enforcement offices usually have branch offices or inspection stations located throughout the jurisdiction.
Within a jurisdiction there are also county officers and municipal (city) officers who enforce local and jurisdictional laws within designated municipal areas.
Federal police officers, the Royal Canadian Mounted Police, patrol throughout Canada. While the RCMP generally does not enforce commercial vehicle regulations, they do have the authority to enforce the regulations and can issue citations for violations.
Enforcement practices. Commercial vehicle enforcement generally occurs in two primary areas, at roadside and at weigh stations (also commonly called weigh scales or inspection stations). Most jurisdictions require all commercial vehicles to stop at weigh stations/inspection stations, but the requirements can vary from jurisdiction to jurisdiction. At these stations, commercial vehicle officers will typically check the following:
Facility audits. Facility audits are performed by enforcement personnel within the same agency/office as the highway enforcement officers. Generally, the personnel performing the audits are not the same as those responsible for highway enforcement.
Violations. When the laws in Canada are applied in court, there are three considerations: mens rae, absolute liability, and strict liability.
All trucking laws are regulatory, and therefore there is almost always a defense. “Due diligence” is frequently used when referring to Canadian courts when dealing with commercial vehicle enforcement.