Written By Michael Smith and Reyhaneh Rahimi

Ontario has launched a 10-year pilot program, running from August 1, 2025 to August 1, 2035, to evaluate the use of automated commercial motor vehicles (ACMVs) on Ontario's roads.

For the purposes of the pilot program, an ACMV is a commercial motor vehicle weighing more than 4,500 kg and equipped with an automated driving system that meets SAE Standard J3016 Levels 3, 4 or 5 of autonomy.

• Level 3 (Conditional Automation): the system manages driving but requires driver intervention when requested.
• Level 4 (High Automation): the system can operate without a driver under defined conditions.
• Level 5 (Full Automation): the system can perform all driving tasks under all conditions, without human input.

An ACMV cannot be operated on Ontario roads except in accordance with the ACMV Pilot Project Regulation or in a co-operative truck platoon authorized by Ontario Regulation 306/15. 

Two Streams of Testing

There are two categories of testing permitted under Ontario's ACMV pilot program:

1. Driver-supervised testing
• A licensed driver must remain in the driver's seat at all times.
• The driver must be ready to take control if required.
2. Driverless testing
• Vehicles operating at Level 4 or Level 5 automation may run without a driver in the vehicle.
• An in-vehicle or remote assistant must be ready to provide oversight of the ACMV.

Participant Requirements

Interested carriers must meet one of the following carrier safety thresholds:

• have at least 2 years with a "Satisfactory-Unaudited" carrier safety rating and be partnered with another carrier with at least 5 years of experience and a similar rating;
• have at least 3 years with an "Excellent-Audited" carrier safety rating; or
• have at least 5 years with a "Satisfactory-Unaudited" carrier safety rating.

Participation Conditions

Each ACMV owner must:

• Apply and obtain approval to participate in the program, including approval of specific testing times, routes and locations;
• be insured under an automobile insurance policy with a minimum of $10 million liability coverage;
• display specific signage on participating ACMVs;
• notify the Registrar within 24 hours of any collision, providing detailed particulars;
• report any changes in testing or application information within 24 hours;
• retain records related to ACMV use for at least three years; and
• provide reports and records upon request.

Additional information is available here and here. 

Liability Considerations

Subsection 4(1) of the ACMV Pilot Project Regulation states, generally, that the Highway Traffic Act applies, "with necessary modifications", to the operation of an ACMV, the driver and the owner.  Section 14 exempts the owner or driver of an ACMV from a provision of the Highway Traffic Act or its Regulations "that is inconsistent with the testing of an automated commercial vehicle", so long as the owner or driver is in compliance with the ACMV Pilot Project Regulation.

With respect to civil liability, subsection 4(2) of the ACMV Pilot Project Regulation requires that the "necessary modifications" to Part XI of the Highway Traffic Act "shall be construed so as to allow, from an owner, operator or lessee of an [ACMV], the recovery of loss or damage sustained by any person by reason of the use or operation of an [ACMV] that is operating with the automated controls engaged, but only to an extent that is not inconsistent with the degree of fault or liability, if any, of the person who sustained the loss or damage".

Bennett Jones Automotive Industry Group

Bennett Jones has extensive knowledge and experience in providing clients with innovative solutions for automotive companies. For tailored advice on navigating these changes, please contact the Bennett Jones Automotive group. With decades of experience in regulatory compliance, we are here to help you drive your business forward.