Motor Vehicle Safety Act (S.C. 1993, c. 16)

Act current to 2017-10-13 and last amended on 2015-05-15. Previous Versions

Marginal note:Follow-up reports

 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations.

  • 2014, c. 20, s. 222.
Marginal note:Make information available

 A company that gives notice to the Minister in respect of a vehicle shall, as provided for in regulations, make information available for the vehicle in respect of which the notice was given.

  • 2014, c. 20, s. 222.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

    • (a) respecting the keeping of records and the provision of information to the Minister; and

    • (b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.

  • Marginal note:Progressive application

    (2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles of any class before those regulations are made applicable in respect of all vehicles of that class.

  • Marginal note:Incorporation by reference

    (3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date,

    • (a) a document produced by a person or body other than the Minister; or

    • (b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.

  • 1993, c. 16, s. 11;
  • 2014, c. 20, s. 223.

Definition of technical standards document

  •  (1) In this section, technical standards document means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material.

  • Marginal note:Incorporation of document

    (2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date.

  • Marginal note:No registration or publication

    (3) For greater certainty, a technical standards document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.

  • 1993, c. 16, s. 12;
  • 2014, c. 20, s. 224.
Marginal note:For greater certainty

 For greater certainty, subsections 11(3) and 12(2) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

  • 2014, c. 20, s. 224.
Marginal note:Interim order
  •  (1) Where an enactment of a foreign government corresponds to regulations made under this Act and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an order, effective for a period not exceeding one year, suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect.

  • Marginal note:Order not a regulation

    (2) An order issued under subsection (1) is not a regulation for the purposes of the Statutory Instruments Act but no person is required to comply with such an order unless it has been published in the Canada Gazette or that person has received actual notice of it.

Inspection

Marginal note:Inspectors
  •  (1) The Minister may designate as an automotive inspector any person who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Certificate of designation

    (2) The Minister shall furnish every inspector with a certificate of designation, and on entering any place referred to in subsection 15(1) an inspector shall, on demand from the person in charge of that place, produce the certificate for examination by that person.

  • Marginal note:Testimony  — civil suits

    (3) An inspector may not be compelled to give testimony in any civil suit, with regard to information obtained by them in the discharge of their duties, without the Minister’s written permission.

  • 1993, c. 16, s. 14;
  • 2014, c. 20, s. 225.
Marginal note:Entry by inspectors
  •  (1) For the purpose of verifying compliance with this Act, an inspector may at any reasonable time enter any place in which the inspector believes on reasonable grounds there is

    • (a) any vehicle or equipment of a class for which standards have been prescribed that is owned by, or is on the premises of, a company or a consignee of imported vehicles or imported equipment;

    • (b) any component intended to be used in the manufacture of a vehicle or equipment for which safety standards have been prescribed; or

    • (c) any record referred to in paragraph 5(1)(g).

  • Marginal note:Search of premises

    (2) An inspector who enters a place pursuant to subsection (1) may examine any vehicle, equipment or component found there, and may open any package or receptacle in that place that the inspector believes on reasonable grounds contains any equipment or component referred to in that subsection.

  • Marginal note:Production of documents

    (3) An inspector may require any person to produce for examination any books, records, reports, test data, shipping bills, bills of lading or other documents or electronically stored data that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act or to the identification or analysis of a defect referred to in subsection 10(1), and may make copies of or take extracts from any of them.

  • Marginal note:Seizure of property

    (4) An inspector may seize and, subject to sections 489.1 to 491.2 of the Criminal Code, detain any vehicle, equipment or component described in subsection (1)

    • (a) by means of which or in relation to which the inspector believes on reasonable grounds this Act has been contravened; or

    • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act.

  • 1993, c. 16, s. 15;
  • 2014, c. 20, s. 226.
Marginal note:Assistance to inspectors
  •  (1) Any person who owns or has charge of a place entered by an inspector pursuant to subsection 15(1) and every person present there shall provide all reasonable assistance in their power to enable the inspector to carry out the inspector’s duties, and shall furnish such information as the inspector reasonably requires for purposes of the administration of this Act.

  • Marginal note:False statements

    (2) No person shall knowingly obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out functions under this Act.

  • Marginal note:Interference with seized property

    (3) Except with the authorization of an inspector, no person shall remove, alter or otherwise interfere with any vehicle, equipment or component seized by an inspector pursuant to subsection 15(4).

Offences and Punishment

Marginal note:Offence and punishment
  •  (1) Every corporation or company that contravenes this Act, the regulations or an order

    • (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or

    • (b) is guilty of an indictable offence and is liable to a fine of not more than $2 million.

  • Marginal note:Offence and punishment

    (2) Every individual who contravenes this Act, the regulations or an order

    • (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both.

  • Marginal note:Defence where more than one manufacturer

    (3) In a prosecution for a contravention of section 4 or subsection 5(1) by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another person engaged in the manufacture of the vehicle.

  • 1993, c. 16, s. 17;
  • 2011, c. 24, s. 186;
  • 2014, c. 20, s. 227.
 
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