Canada Self-Driving Car Laws: BC, Ontario, Quebec, FSD (2026)
Independently fact-checked against primary sources (last audited October 1, 2026). · 22 primary sources cited on this page. How we verify our legal content

Self-driving cars are not legal for ordinary use in Canada as of September 2026, except in narrow cases set by each province. Ottawa sets the safety standards a vehicle must meet, but the provinces decide whether it may be driven. British Columbia bans Level 3, 4 and 5 automated vehicles outright. Quebec bans them too, except a Level 3 vehicle whose sale is permitted in Canada and vehicles in a ministerial pilot project. Ontario allows automated vehicles only for approved testing until 13 October 2027, but leaves factory-built Level 3 cars outside its pilot rules.
Driver-assistance systems such as Tesla's FSD (Supervised) are a different category. Tesla offers it in Canada and says it requires a fully attentive driver. None of the provincial automated-vehicle bans reaches it, so the person behind the wheel is driving, and every ordinary traffic, distraction and criminal rule applies to them.
Are self-driving cars legal in Canada?
It depends on the province and on what you mean by self-driving. The useful dividing line is the SAE scale, which the British Columbia, Quebec and Ontario rules all use. Levels 1 and 2 are driver assistance: the car steers or brakes, but a human must supervise all the time. Levels 3 to 5 are automated driving: the system performs the driving task itself, at least in some conditions. The levels of driving automation explainer walks through each level.

As of September 2026, the position is:
| Level 2 driver assistance (e.g. Tesla FSD Supervised) | Level 3 | Level 4 and 5 (driverless) | |
|---|---|---|---|
| British Columbia | Ordinary traffic law applies | Prohibited unless regulations allow it | Prohibited unless regulations allow it |
| Quebec | Ordinary traffic law applies | Outside the ban if its sale is permitted in Canada; otherwise only in a pilot project | Only in a ministerial pilot project |
| Ontario | Ordinary traffic law applies | Production Level 3 cars sit outside the pilot rules; other Level 3 vehicles only in approved testing | Only in approved testing, under driverless conditions, until 13 October 2027 |
| Federal (all provinces) | Vehicle must meet federal safety standards | Vehicle must meet federal safety standards or hold an exemption | Vehicle must meet federal safety standards or hold an exemption |
These three provinces have specific automated-vehicle prohibitions or pilot rules in force. Manitoba's Highway Traffic Act (Part VIII.1, added in 2021) also lets the transport minister issue technology testing permits for automated and other test vehicles. Saskatchewan (The Traffic Safety Amendment Act, 2020) and Nova Scotia (the Traffic Safety Act passed in 2025) have enacted automated-vehicle provisions that are not yet in force. Elsewhere, anyone planning to test an automated vehicle should start with the provincial transport ministry. Transport Canada's guidance says approval from the provincial or territorial road authority "may also be required" before testing a temporarily imported, non-compliant vehicle on public roads.
Who regulates self-driving cars in Canada: federal or provincial?
Both, for different things. Transport Canada's Safety Framework for Connected and Automated Vehicles 2.0 describes the split. Under the Motor Vehicle Safety Act, Transport Canada sets the safety standards for new and imported vehicles. The provinces and territories are responsible for "establishing and enforcing traffic laws", "licensing drivers", "registering vehicles" and "setting insurance and liability requirements".
That split explains most of what follows. Ottawa decides whether a car can be built or imported for Canadian roads. The provinces decide whether anyone may actually drive it there, who counts as the driver, and who pays after a crash.
What the federal Motor Vehicle Safety Act does
Canada uses a self-certification system. Manufacturers certify that their vehicles meet the Canada Motor Vehicle Safety Standards (CMVSS), rather than Transport Canada approving each model before sale. That is a key difference from the European Union, where a car and its software need type approval. Canada has no federal pre-approval step for driver-assistance software such as FSD (Supervised).
The Act has two tools for vehicles that do not meet the standards:
- Temporary import for testing. Section 7 lets a vehicle be imported without meeting the standards if the importer declares it will be used solely for a prescribed purpose and will stay for not more than one year, or another period the Minister specifies. Transport Canada says these purposes include "exhibition, demonstration, evaluation, or testing", and that the declaration must be accepted before the vehicle reaches the border.
- Exemptions for new technology. Section 9 lets the Minister exempt a model from a prescribed standard for a specified period if that would promote "new kinds of vehicles, technologies, vehicle systems or components". The exemption may be granted only if it "would not substantially diminish the overall safety performance of the model."
Transport Canada also publishes non-binding guidance: Guidelines for Testing Automated Driving Systems in Canada (Version 2.0), a Safety Assessment for Automated Driving Systems, and, with the provinces through the Canadian Council of Motor Transport Administrators, jurisdictional guidelines for testing and deploying automated vehicles.
Is a federal standard for automated driving systems coming?
Possibly, but not yet. From 6 March to 1 May 2026, Transport Canada consulted on a draft UN Global Technical Regulation for automated driving systems. It said the regulation "could be used in the future to help develop a Canada Motor Vehicle Safety Standard" for these systems, and that because Canada signed the 1998 UN agreement, it must develop national regulations including all or part of the regulation if it is adopted. On 24 June 2026, UN News reported that the UNECE World Forum for Harmonization of Vehicle Regulations had adopted the first global regulations for automated driving systems. Transport Canada says it may publish a draft regulatory proposal for public comment in the Canada Gazette, Part I, followed by a final regulation in Part II.
British Columbia: Level 3, 4 and 5 vehicles are banned
British Columbia has the broadest ban, with no exception for Level 3. Part 12.1 of the Motor Vehicle Act took effect on 5 April 2024. Section 303.2 says: "Unless the regulations provide otherwise, a person must not drive, or permit the driving of, any of the following on a highway: (a) a Level 3 automated vehicle; (b) a Level 4 automated vehicle; (c) a Level 5 automated vehicle."
Two definitions make the ban wide:
- The levels are tied to the SAE J3016 standard, so a car "capable of operating" at Level 3 is covered.
- "Drive" includes causing the operation of the vehicle "with or without the automated driving system being engaged." Driving a Level 3 car with the system switched off is still driving a Level 3 automated vehicle.
The ban also reaches anyone who permits the driving, such as an owner or a fleet operator. The provincial government's guidance says penalties "can range from $368 and 3 driver penalty points up to a maximum of $2,000 and 6 months of imprisonment."
Section 303.3 lets the provincial cabinet make regulations allowing these vehicles, including rules on permits and "requiring insurance or financial security from manufacturers." As of September 2026, the province's guidance still says highly automated vehicles cannot be driven on BC roads unless enabled "through a pilot project under the Motor Vehicle Act or by regulation in the future." The same guidance describes Levels 1 and 2 as driver-assistance features, which the ban does not cover.
Quebec: banned except Level 3 cars sold in Canada and pilot projects
Quebec added autonomous vehicles to its Highway Safety Code (Code de la sécurité routière) in 2018. The Code defines a "véhicule autonome" (autonomous vehicle) as a road vehicle with a system able to drive at SAE Level 3, 4 or 5.

Article 492.8 sets the rule: "Nul ne peut mettre en circulation un véhicule autonome sur les chemins publics" (no one may put an autonomous vehicle into circulation on public roads). The ban also covers private roads open to public traffic and shopping-centre parking lots and other places the public may drive. It continues: "Le premier alinéa ne s'applique pas au véhicule autonome de niveau d'automatisation de conduite 3, selon la norme J3016 de la SAE International, dont la vente est admise au Canada" (the ban does not apply to a Level 3 autonomous vehicle under SAE J3016 whose sale is permitted in Canada).
Breaking article 492.8 is an offence under article 512, with a fine of $1,000 to $3,000.
The guidance of the SAAQ, Quebec's public auto insurer and road-safety agency (last updated July 2025), says plainly that no autonomous vehicle is on open sale or in free circulation in Quebec.
Quebec autonomous vehicle pilot projects
Every other autonomous vehicle needs a pilot project. Article 633.1 lets the transport minister authorise pilot projects by order. For autonomous vehicles, a project may run for up to five years, extendable by up to two more. A pilot order can also:
- set the minimum liability insurance for property damage;
- require the manufacturer or distributor to reimburse the SAAQ for compensation it pays after an accident ("rembourser à la Société les indemnités qu'elle sera tenue de verser en cas d'accident automobile");
- create offences with fines of $200 to $3,000.
Applications go to a joint committee of the transport ministry (MTMD) and the SAAQ. The Quebec government says three autonomous shuttle experiments ran under the pilot project for autonomous buses and minibuses (Candiac in 2018 and 2019, Mercier-Hochelaga-Maisonneuve in 2019, and Rosemont-La Petite-Patrie in 2021 and 2022), and that all three have ended.
Ontario: the Automated Vehicle Pilot Program
Ontario regulates automated vehicles through a testing program under O. Reg. 306/15, Pilot Project - Automated Vehicles, made under the Highway Traffic Act. It began in 2016. The current consolidation notes that "This Regulation is revoked on October 13, 2027", a date set by the 2025 amending regulation O. Reg. 268/25.
The regulation defines an automated vehicle as a motor vehicle or streetcar with a system that operates at SAE Level 3, 4 or 5 (or a truck equipped for co-operative platooning). Motorcycles and motor-assisted bicycles are excluded. The core rule is section 4: "No person shall drive or permit the operation of an automated vehicle on a highway, except as permitted by this Regulation."
Who may test, and under what conditions
Section 5 allows an automated vehicle on a highway only if its owner has been approved by the Registrar of Motor Vehicles and the vehicle is being driven "only for testing purposes under the pilot project." Only certain owners may apply: the original manufacturer of a vehicle built as automated, or, for a converted vehicle, the converter, such as a technology company or research institution.
Every test vehicle must carry liability insurance of at least $5,000,000, or $8,000,000 for a vehicle with seating for eight or more passengers. The Ontario program page adds that "all rules of the road and penalties apply, except where specifically exempted."
With a driver on board, the driver must stay in the driver's seat at all times and monitor the vehicle, carry a copy of the approval, and tell police after a collision or traffic stop that the vehicle is a pilot automated vehicle. A person seated in the driver's seat of an automated vehicle is considered to be driving it, whether or not the system is engaged.
Is driverless testing allowed in Ontario?
Yes, for Level 4 and 5 vehicles under additional conditions. The 2019 update allowed testing with no one in the driver's seat. According to the province, a driverless tester must, among other things:
- declare the technology safe and effective based on previous testing;
- "accept full liability";
- be able to monitor and control the vehicle if required, and bring it to a safe stop if necessary;
- give police and municipalities a plan for how the vehicle will deal with emergency responders and work zones, and tell affected municipalities where testing will happen;
- get advance approval to test on a provincial highway;
- display signs "clearly showing that the vehicle is a driverless automated vehicle being tested."
The regulation also adapts Ontario's civil owner-liability rules for a vehicle running without a driver. It lets a person recover loss or damage caused by such a vehicle from its owner or lessee, but only to the extent consistent with that person's own share of fault, if any.
Can you drive a Level 3 car in Ontario?
Ontario does not ban production Level 3 cars. Section 2(3) of the regulation says it does not apply to a Level 3 vehicle that was originally manufactured to operate at Level 3, or was upgraded to Level 3 by the original manufacturer, as long as the system "is in good working order and has been properly maintained." The pilot regulation does not apply to such a car. That is an exclusion, not a permission to stop driving: the ordinary Highway Traffic Act applies in full.
That does not suspend any traffic rule, and the exclusion does not authorise the driver to stop paying attention. Section 78(1) of the same Act says: "No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver." Careless driving under s. 130 (driving "without due care and attention") also still applies. Section 78.1(1) of the Highway Traffic Act still says no person shall drive a motor vehicle on a highway "while holding or using a hand-held wireless communication device." A Level 3 car that has been converted by a third party, rather than the manufacturer, is still caught by the pilot rules.
Level 2 systems are outside the regulation altogether: section 2(2) says it does not apply to vehicles at Levels 0, 1 or 2 (except platooning trucks).
Robotaxis in Ontario
The pilot does not authorise a robotaxi service: the regulation permits automated vehicles only for testing. In April 2026, the Toronto Star reported that Waymo had told the Toronto mayor's office it planned to apply to the Ontario pilot program. Under the regulation, approval to test is decided by Ontario's Registrar of Motor Vehicles, not by the city.
Is Tesla FSD legal in Canada?
Tesla offers Full Self-Driving (Supervised) in Canada as a monthly subscription. Tesla's Canadian support page says the currently enabled features "do not make the vehicle autonomous" and "require a fully attentive driver, who is prepared to take over at any moment."
That description matters legally. The BC, Quebec and Ontario automated-vehicle rules all start at Level 3, and Ontario's regulation expressly excludes Levels 0 to 2. A system that needs constant human supervision is driver assistance, so none of those bans reaches it. Canada also has no federal approval step for this kind of software, because vehicles are self-certified to the federal standards.
So FSD (Supervised) is available in Canada as of September 2026, but not under any special permission. The person in the driver's seat is the driver for every purpose: speed limits, distraction rules, careless driving and the Criminal Code. The Tesla FSD by country page compares Canada with Europe and elsewhere.
Phones and distraction while using Autopilot or FSD
Distracted-driving laws are provincial, and none of the provisions on this page relaxes them for Level 2 systems. In Ontario, Highway Traffic Act s. 78.1 bans holding or using a hand-held wireless device or entertainment device while driving, with a hands-free exception. Ontario passed further changes to the display-screen and hands-free rules in 2026 (S.O. 2026, c. 7, Sched. 5); as of September 2026 they take effect on a date still to be named by order.

Ontario's careless-driving offence (s. 130) applies to anyone who drives "without due care and attention." Watching a screen while FSD steers can expose a driver to that charge. For each province's phone and demerit rules, see Canada driving laws.
Who is the driver under the Criminal Code?
The Criminal Code's driving offences, including impaired driving (s. 320.14) and dangerous operation (s. 320.13), apply to a person who "operates" a conveyance. For a motor vehicle, section 320.11 says operate means "to drive it or to have care or control of it."
For impaired-driving and refusal offences, section 320.35 adds a presumption. A person proved to have occupied the driver's seat "is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion."
Nothing in that definition turns on whether software is steering. Care or control is about the person and the vehicle, so a driver-assistance system does not remove a drunk or distracted driver from the Code. How courts will apply care or control to a genuine Level 4 vehicle with no human controls is not settled by the text.
Who is liable in a self-driving car crash in Canada?
Liability follows the province's insurance and civil-liability system, not a special automated-vehicle code. In practice:
- Level 2 cars (including FSD). The driver is driving, so the ordinary provincial rules on fault, insurance and the owner's liability apply. Any claim that the system was defective is a separate product-liability question against the manufacturer.
- Ontario test vehicles. The owner must carry $5 million or $8 million in liability insurance, a driverless tester must accept full liability, and the regulation lets an injured person recover from the owner or lessee of a vehicle operating without a driver.
- Quebec. The Automobile Insurance Act makes SAAQ compensation payable "sans égard à la responsabilité de quiconque" (without regard to anyone's fault) (s. 5). Under s. 83.57, compensation replaces all rights and remedies for bodily injury, and "nulle action à ce sujet n'est reçue devant un tribunal" (no action on that subject is heard by a court). Property damage is handled through the owner's compulsory private liability insurance (s. 84). For autonomous vehicle pilots, an order under the Highway Safety Code can make the manufacturer or distributor reimburse the SAAQ.
- British Columbia. Because Level 3 to 5 vehicles may not be driven, no special liability regime is in force; s. 303.3 allows future regulations to require insurance or financial security from manufacturers.
The self-driving car liability guide covers the product-liability side in more depth, from a US perspective.
What to do after a crash involving a self-driving or driver-assist car
- Stop and help. Criminal Code s. 320.16 makes it an offence for an operator who knows of an accident, or is reckless about it, to fail to stop, give their name and address and, if someone is injured or appears to need help, offer assistance.
- Report as your province requires. Police and insurer reporting thresholds vary by province; Canada driving laws has the provincial rules.
- Note what the car was doing. Record whether a driver-assistance or automated system was engaged, any alerts, and the software version if you can see it. The vehicle's own data may matter later.
- If an Ontario pilot vehicle is involved, its driver must tell police that it is a pilot automated vehicle, and the owner must report the collision to the Registrar within 10 days.
- In Quebec, bodily-injury claims from a car accident generally go to the SAAQ, not to court.
- Keep footage. Dashcam and vehicle camera footage can help; see Canada recording laws on recording on the road.
What's changing next
- Ontario's pilot ends on 13 October 2027 unless extended again or replaced. It has been extended before.
- Federal ADS standard. Transport Canada's 2026 consultation could lead to a Canada Motor Vehicle Safety Standard for automated driving systems. Transport Canada says it may publish a draft in the Canada Gazette, Part I, before any final regulation.
- British Columbia can lift its ban by regulation or a pilot project. As of September 2026 its guidance says neither is in place.
- Ontario's 2026 distracted-driving amendments take effect on a date to be named.
For how other countries handle the same questions, see the world self-driving car laws hub, the UK and Germany pages, and the US federal rules.
Frequently Asked Questions
Are self-driving cars legal in Canada?
Not for general use as of September 2026. British Columbia bans Level 3, 4 and 5 automated vehicles. Quebec bans autonomous vehicles except a Level 3 vehicle whose sale is permitted in Canada and vehicles in a ministerial pilot project. Ontario allows automated vehicles only in approved testing until 13 October 2027, although production Level 3 cars fall outside its pilot rules. Level 2 driver-assistance systems are not covered by these bans.
Is Tesla FSD legal in Canada?
Tesla offers FSD (Supervised) in Canada as a subscription. Tesla says it requires a fully attentive driver and does not make the car autonomous, so it is driver assistance, outside the provincial automated-vehicle bans, which start at Level 3. Canada has no federal pre-approval step for such software. The driver remains responsible under all traffic and criminal laws.
Who regulates self-driving cars in Canada?
Transport Canada sets federal safety standards for building and importing vehicles under the Motor Vehicle Safety Act. The provinces and territories set traffic laws, driver licensing, vehicle registration, insurance and liability rules, so they decide whether an automated vehicle may be driven on their roads.
Are self-driving cars banned in BC?
Yes, Level 3, 4 and 5 automated vehicles are, since 5 April 2024. Motor Vehicle Act s. 303.2 bans driving or permitting the driving of them on a highway unless regulations allow it, and driving includes operating the car with the automated system switched off. Penalties range from $368 and 3 penalty points up to $2,000 and 6 months in jail. Level 1 and 2 driver-assistance features are not banned.
Can I drive a Level 3 car in Ontario?
O. Reg. 306/15 does not apply to a Level 3 car that was built for Level 3, or upgraded to Level 3 by its original manufacturer, if its system is in good working order, so the pilot's ban does not reach it. That is an exclusion, not a permission to stop driving: the ordinary Highway Traffic Act applies in full, including the display-screen ban (s. 78), the hand-held device ban (s. 78.1) and careless driving (s. 130). A Level 3 conversion by anyone else may be driven only in approved testing.
Are there driverless cars or robotaxis in Toronto?
Ontario's pilot allows driverless testing of Level 4 and 5 vehicles by approved manufacturers and developers, under conditions such as full liability, the ability to monitor and control the vehicle if required, and visible signs. The regulation permits automated vehicles only for testing, so it does not authorise a robotaxi service. In April 2026, Waymo was reported to be planning to apply to the pilot.
When does Ontario's automated vehicle pilot end?
O. Reg. 306/15 is revoked on 13 October 2027, under the 2025 amending regulation O. Reg. 268/25. The province could extend or replace it before then.
Can you be charged with impaired driving in a self-driving car in Canada?
Yes, if you operate it. The Criminal Code defines operating a motor vehicle as driving it or having care or control of it. For impaired-driving offences, a person in the driver's seat is presumed to be operating the vehicle unless they prove they were not there to set it in motion. Having Autopilot or FSD engaged does not change that definition.
Who pays if a self-driving car crashes in Quebec?
Under Quebec's public no-fault scheme, the SAAQ compensates most bodily injury from a car accident without regard to fault, and that compensation replaces the right to sue for bodily injury (Automobile Insurance Act, ss. 5 and 83.57, subject to the Act's exclusions). Property damage goes through private liability insurance. For autonomous vehicle pilots, the minister's order can require the manufacturer or distributor to reimburse the SAAQ.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Motor Vehicle Act (BC), RSBC 1996 c. 318, Part 12.1, ss. 303.1-303.3 (definitions, Level 3-5 prohibition, regulation power)(bclaws.gov.bc.ca).gov
- Government of British Columbia, Automated (self-driving) vehicles: in force 5 April 2024, penalty range, Levels 1-2 described as driver assistance(www2.gov.bc.ca).gov
- Code de la sécurité routière (Quebec), C-24.2: arts. 4 (definition), 492.8, 512, 633.1 (current to 10 June 2026)(legisquebec.gouv.qc.ca).gov
- Loi sur l'assurance automobile (Quebec), A-25: arts. 5, 83.57, 84 (current to 10 June 2026)(legisquebec.gouv.qc.ca).gov
- SAAQ, En véhicule autonome: rules, pilot applications, no autonomous vehicle on open sale in Quebec (modified 10 July 2025)(saaq.gouv.qc.ca).gov
- Québec.ca, Projets d'expérimentation de véhicules autonomes: three shuttle pilots, all finished (updated 13 July 2026)(quebec.ca).gov
- O. Reg. 306/15, Pilot Project - Automated Vehicles (Ontario), consolidation current to 28 Sept 2026, last amended by O. Reg. 268/25; revoked 13 Oct 2027(ontario.ca).gov
- Ontario Ministry of Transportation, Automated Vehicle Pilot Program: extension to 13 Oct 2027, driverless testing conditions (updated 9 Dec 2025)(ontario.ca).gov
- Highway Traffic Act (Ontario), R.S.O. 1990 c. H.8, ss. 78.1 and 130 (consolidation to 28 Sept 2026, with not-yet-in-force S.O. 2026 c. 7 Sched. 5 notes)(ontario.ca).gov
- Transport Canada, Canada's Safety Framework for Connected and Automated Vehicles 2.0 (modified 11 Feb 2025)(tc.canada.ca).gov
- Motor Vehicle Safety Act, S.C. 1993 c. 16, ss. 7 and 9 (current to 21 Sept 2026)(laws-lois.justice.gc.ca).gov
- Transport Canada consultation: The United Nations Global Technical Regulation on Automated Driving Systems (6 March to 1 May 2026)(tc.canada.ca).gov
- UN News, New global rules clear the road for driverless vehicles (24 June 2026)(news.un.org).gov
- Criminal Code, s. 320.11 (definitions of conveyance and operate)(laws-lois.justice.gc.ca).gov
- Criminal Code, s. 320.13 (dangerous operation)(laws-lois.justice.gc.ca).gov
- Criminal Code, s. 320.14 (operation while impaired)(laws-lois.justice.gc.ca).gov
- Criminal Code, s. 320.35 (presumption of operation from the driver's seat)(laws-lois.justice.gc.ca).gov
- Criminal Code, s. 320.16 (failure to stop after accident)(laws-lois.justice.gc.ca).gov
- Tesla Canada, Full Self-Driving (Supervised) Subscriptions (company statement)(tesla.com)
- MobileSyrup, report of a Toronto Star story on Waymo's plan to apply to Ontario's pilot (13 April 2026)(mobilesyrup.com)
- Saskatchewan, The Traffic Safety Amendment Act, 2020, S.S. 2020 c. 36 (adds Part VI.1 Automated and Connected Vehicles; s. 37 in force by order)(pubsaskdev.blob.core.windows.net).gov
- Nova Scotia Legislature, Bill 130, Traffic Safety Act, bill status (S.N.S. 2025, c. 20; Royal Assent 3 October 2025; commencement upon proclamation)(nslegislature.ca).gov
- Nova Scotia, Changes to traffic safety legislation (Traffic Safety Act not currently in effect)(novascotia.ca).gov
- Manitoba, The Highway Traffic Act, Part VIII.1 Technology Testing Permits (current to 28 September 2026)(web2.gov.mb.ca).gov