On June 24, 2026, the United Nations Economic Commission for Europe (UNECE) adopted the first global regulatory framework for Automated Driving Systems (ADS)—a landmark development for manufacturers, technology companies and regulators. According to UNECE, this framework is intended to provide "clarity for manufacturers, confidence for consumers and a pathway to scale innovation safely across markets." Automakers in Canada, China, the EU, the UK, Japan and the US have expressed support, and Canada is expected to update its domestic vehicle safety standards in the coming years.
A New ADS Framework
The UN Global Technical Regulation No. 26 on Automated Driving Systems (GTR No. 26) was adopted at the UNECE World Forum for Harmonization of Vehicle Regulations (WP.29), alongside a corresponding UN Regulation (UNR No. 185). Together, these instruments establish uniform safety requirements and validation methodologies for vehicles with ADS features.
These parallel regulations were adopted through two separate but related UN agreements: the 1958 Agreement and the 1998 Agreement.
The 1958 Agreement governs type-approval jurisdictions where pre-market approval from regulators is required, including the European Union, Japan and South Korea. UN Regulations (UNRs) adopted under this agreement are legally binding and must be implemented domestically. Type approvals are also mutually recognized, meaning a vehicle approved in one participating jurisdiction can be sold in another without further approval. The EU is expected to incorporate UNR No. 185 into its type-approval framework shortly, making compliance a prerequisite for selling Autonomous Level 3+ vehicles in EU markets.
The 1998 Agreement covers a smaller group of contracting parties, including Canada, the US and China, each of which are not parties to the 1958 Agreement. Regulations adopted under this agreement take the form of Global Technical Regulations (GTRs) and serve as harmonized technical standards rather than binding legal requirements. In self-certification jurisdictions such as Canada, manufacturers certify their own compliance with applicable standards, and each country must decide whether and how to implement a GTR through domestic rulemaking.
Canada co-sponsored the development of GTR No. 26 alongside China, the European Commission, Japan, the UK and the US.
Rules and Requirements
The framework applies to all ADS vehicles capable of performing the entire Dynamic Driving Task (DDT) within a defined operational design domain (ODD). This includes SAE Level 3 systems, where a human driver must remain available to assume control if prompted, as well as Level 4 and Level 5 systems that can operate without human supervision.
Rather than prescribing fixed performance metrics, the regulations adopt a safety-assurance approach. Key requirements include:
- Human-driver benchmark: ADS must achieve a safety level at least equivalent to that of a "competent and careful human driver." Compliance must be demonstrated through a safety case supported by virtual simulation, closed-track testing and real-world validation across the system's ODD
- Safety Management System and safety case: Manufacturers must maintain an audited, lifecycle-wide Safety Management System (SMS) and submit a documented safety case demonstrating that the ADS presents no unreasonable risk. These obligations extend throughout the supply chain, affecting suppliers, software developers and service providers.
- Driving performance and safety controls: ADS must safely perform the DDT within its ODD, including avoiding collisions with safety-relevant objects, complying with traffic laws, managing transitions between automated and manual driving and executing safe fallback manoeuvres when required. Systems must also address foreseeable misuse and user-interaction risks.
- Prohibition on self-modifying AI: The framework assumes ADS software will not engage in online, in-vehicle learning that changes driving behaviour in real time.
- Post-deployment monitoring and reporting: Vehicles must include a Data Storage System for Automated Driving . Manufacturers must report critical events promptly, provide follow-up reports within 30 days where required and submit annual safety-performance data. Reportable events include collisions, operation outside the ODD, cybersecurity incidents, emergency manoeuvres and unauthorized modifications.
- Cybersecurity, software updates and remote termination: Manufacturers must implement cybersecurity controls across the vehicle lifecycle and maintain processes for software updates. ADS vehicles must also support remote termination and prevent reactivation until authorization is restored.
- Accountability mechanisms: Detailed logging requirements are intended to provide an auditable record of system behaviour and support responsibility determinations following incidents.
WP.29 also adopted amendments to approximately 90 existing UN vehicle regulations to ensure they remain applicable to vehicles without traditional controls, such as steering wheels or pedals.
Domestic Application in Canada
As a party to the 1998 Agreement but not the 1958 Agreement, Canada operates under a self-certification regime. GTR No. 26 will not automatically become Canadian law. Instead, Transport Canada must incorporate all or part of the GTR into domestic requirements, likely through new or amended Canada Motor Vehicle Safety Standards (CMVSS) under the Motor Vehicle Safety Act.
Transport Canada has already signalled its intention to do so. In spring 2026, it conducted a public consultation on the effectiveness and flexibility of the draft GTR, its impact on innovation, potential conflicts with existing legislation and whether Canadian driving conditions present risks not already addressed by the framework.
The GTR is expected to enter into force shortly, consistent with the standard UNECE practice of a regulation taking effect approximately one month after formal notification to contracting parties. Broader implementation is anticipated in 2027. However, each contracting party must complete its own domestic rulemaking before the rules become enforceable. In Canada, this process will include provinces and territories addressing related issues such as driver licensing, liability, insurance and traffic laws. Work also continues on an accompanying Guidance and Interpretation Document , expected later in 2026, which will support consistent implementation across jurisdictions.
Businesses developing or deploying ADS-equipped vehicles should begin assessing their compliance readiness now, particularly with respect to SMS requirements, safety-case documentation, testing and validation practices, reporting obligations, cybersecurity governance and supply-chain oversight. This new framework provides the clearest indication yet of the direction of future requirements both in Canada and around the world.
Key Takeaways
- GTR No. 26 and UNR No. 185 constitute the first global regulatory framework for Level 3, 4 and 5 automated driving systems.
- The framework adopts a safety-case model requiring an audited Safety Management System, extensive validation, ongoing monitoring and cybersecurity controls.
- ADS must be shown to be at least as safe as a competent and careful human driver and cannot rely on self-modifying, real-time learning systems.
- Canada must implement the framework through domestic regulation before it becomes legally enforceable.
- Early alignment with these regulations may help manufacturers, suppliers and fleet operators prepare for forthcoming requirements and reduce compliance risk.
Bennett Jones has extensive knowledge and experience in providing clients with innovative solutions for automotive companies. For tailored advice on navigating any future changes to Canada's motor vehicle safety regime, please contact the Bennett Jones Automotive group. With decades of experience in regulatory compliance, we are here to help you drive your business forward.
