Part 6 – Division 15
Overview: Regulatory Cooperation
Motor Vehicle Safety Act
The Motor Vehicle Safety Act (MVSA) was last significantly revised in 1993.
The proposed amendments will support the objectives of the Regulatory Cooperation Council (RCC) to better and more rapidly align Canadian and U.S. regulations and boost North American trade and competitiveness. These amendments fall into four categories: rulemaking, importation, safety (compliance and enforcement) and information gathering.
Modified regulation-making provisions will facilitate more efficient ongoing alignment with U.S. and other international safety standards, in those instances where the Government of Canada determines that it is appropriate. These changes will allow Canada’s motor vehicle safety regime to keep pace with emerging technologies. Changes to the importation provisions will allow the importation of vehicles and equipment where it is deemed that the U.S. or other international safety standard achieves the safety outcome required in Canada and removes other importation irritants. This will reduce impediments for Canadians and business, while continuing to protect public safety.
Changes to the compliance and enforcement provisions will more closely align the Canadian and U.S. regimes, while continuing to protect and serve Canadians. This will ensure vehicle safety for Canadians, in a manner that recognizes the integrated nature of the North American auto market, public expectations of similar safety oversight regimes, and reduces industry compliance burdens, where appropriate.
Improving the ability of Transport Canada to obtain and distribute information related to vehicle safety will help keep Canadians informed of issues related to vehicle safety and enable the government to make better-informed policy and regulatory decisions. These changes include: improving the ability to gather data and conduct collision examinations and allowing the Minister to disclose information where such disclosure is in the interest of safety.
Railway Safety Act / Transportation of Dangerous Goods Act
The proposed amendments will remove mandatory prepublication from the Railway Safety Act and the Transportation of Dangerous Goods Act, 1992, that will remove a redundant provision and allow more effective regulatory alignment with the United States where appropriate. It repeals a statutory provision that has been made redundant by the Cabinet Directive on Regulatory Management, where emergency action is required, the Governor in Council will have the power to expedite the enactment of regulatory amendments that respond to those emergencies, and removes an obstacle to more effective regulatory alignment between Canada and the United States.
Safe Food for Canadians Act
The proposed amendments for the Safe Food for Canadians Act (SFCA) will enhance the financial protection for fresh produce sellers through the provision of authority to replace the Canadian Food Inspection Agency’s (CFIA) Licensing and Arbitration Regulations with a requirement that all fresh produce dealers trading internationally or inter-provincially be a member of a single, third-party dispute resolution body (most likely the Dispute Resolution Corporation (DRC)).
This new approach is designed to help to address the limitations associated with the creation of two similar, yet distinct, sets of licensing regime now managed by either DRC or CFIA. Additionally, this more proactive approach is expected to significantly reduce instances of slow, partial and non-payment, as well as fraudulent activity within the fresh produce industry.