Canadian enforcement

Scope

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.

Regulatory citations

• Transport Canada - Acts and Regulations - https://tc.canada.ca/en/corporate-services/acts-regulations

Key definitions

• Absolute liability: Having relatively no defense for breaking the law. For example, a driver fails to stop at a stop sign.
• Due diligence: Knowing the requirements under the law and taking the necessary steps to ensure the requirements are being met. In other words, a person made every effort to be legal and was unaware of committing an offense. In this case, the person would need to have proof of the training, policies, and internal enforcement to use due diligence as a defense.
• Mens rae: Latin for “guilty mind.” This means the person knew about and was aware of the law but chose to break the law regardless.
• Strict liability: The law allows for a possible defense and the person could be proven not guilty. This is common in the regulatory laws within the commercial vehicle industry.

Summary of requirements

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:

• License plates / Registration / Driver qualifications
• Safety certificate
• Vehicle’s mechanical fitness
• Vehicle’s size and configuration
• Oversize/Overweight permits
• Driver’s daily log/Daily vehicle inspection report (DVIR)
• Cargo securement
• Dangerous goods
• Seat belt use

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.