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ARTICLE · 03 NOVEMBER 2021

Publications Transport Canada Roadmap Provides Direction On Consent Agreements

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Transport Canada recently released guidance on the use and development of consent agreements to resolve contraventions (or perceived contraventions)

CanadaCriminal Law
Timothy Cullen
Timothy Cullen
Ricki-Lee Williams
Ricki-Lee Williams
Chris Kalantzis
Chris Kalantzis
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Transport Canada recently released guidance on the use and development of consent agreements to resolve contraventions (or perceived contraventions) of the Motor Vehicle Safety Act (the "Act" or the "MVSA") and related regulations.1 This guidance comes after consent agreements were added as an enforcement mechanism under the Act in 2018.2

The Minister of Transport ("Minister") may use consent agreements as an alternative to pursing prosecution or issuing an administrative monetary penalty (not yet in force) when a person or company contravenes the Act or its regulations. However, such agreements are not a guaranteed remedy. Rather, the Minister has the discretion to decide in each case whether a consent agreement is appropriate. Relevant factors include whether the entity acknowledges that they have contravened the Act, whether a consent agreement will bring the entity into compliance faster than using another enforcement mechanism, and whether the consent

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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