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

Marginal note:Notices of violation

16.12 The Minister may establish the form and content of notices of violation.

Marginal note:Violation

• 16.13 (1) Every person who contravenes a provision designated under paragraph 16.1(a) commits a violation and is liable to a penalty of not more than the maximum amount prescribed under paragraph 16.1(b) or (d).

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

• Marginal note:Continuing violation

  (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:Clarification

  (4) If a contravention of a provision designated under paragraph 16.1(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

• Marginal note:Nature of violation

  (5) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence available

  (6) Due diligence is a defence in a proceeding in respect of a violation.

Marginal note:Issuance of notice of violation

16.14 When an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

• (a) the penalty for the violation that the person is liable to pay; and

• (b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.

Marginal note:Service of documents

16.15 The Minister may establish procedures respecting the service of documents that are required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are deemed to have been served. In the absence of those procedures, notices of violation may be served by personal service or by registered or certified mail sent to the person at their latest known address.

Marginal note:Payment

16.16 If a person who is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention and no further proceedings under this Act shall be taken against the person in respect of that contravention.

Marginal note:Failure to pay penalty deemed contravention

16.17 A person who fails to pay the amount of the penalty specified in a notice of violation within the specified time and who does not file a request for a review is deemed to have committed the contravention alleged in the notice.

Marginal note:Request for review

• 16.18 (1) A person served with a notice of violation that wishes to have the Minister’s decision regarding the facts of the alleged contravention or the amount of the penalty reviewed shall, within 30 days after the notice of violation is served — or within any further time that the Tribunal on application may allow — file a request for a review with the Tribunal.

• Marginal note:Time and place for review

  (2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (4) The Minister has the burden of establishing on a balance of probabilities that a person has committed a violation.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have committed a violation is not required to give any evidence or testimony in the matter.

Marginal note:Determination by Tribunal member

16.19 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person who is alleged to have committed a violation

• (a) that the person has not committed a violation, in which case, subject to section 16.19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or

• (b) that the person has committed a violation and, subject to any regulations made under paragraph 16.1(b) or (d), of the amount determined by the member to be payable to the Tribunal by or on behalf of the person and the time within which it must be paid.

Marginal note:Right of appeal

• 16.2 (1) Within 30 days after a determination is made under section 16.18, the Minister or a person to whom it applies may appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party who does not appear at a review hearing is not entitled to appeal the determination, unless the party establishes that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or allow it and, in allowing the appeal, the panel may substitute its decision for the determination.

• Marginal note:Finding of violation

  (4) If the appeal panel finds that a person has committed a violation, the panel shall immediately inform the person and the Minister of the finding and, subject to any regulations made under paragraph 16.1(b) or (d), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

• Marginal note:Finding of no violation

  (5) If the appeal panel finds that a person has not committed a violation, the panel shall immediately inform the person and the Minister of the finding.

Marginal note:Certificate

16.21 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,

• (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 16.16;

• (b) to pay an amount determined under paragraph 16.18(b) or to file an appeal under section 16.19; or

• (c) to pay an amount determined under subsection 16.19(4).

Marginal note:Registration of certificate

• 16.22 (1) On production in any superior court, a certificate issued under section 16.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person who is named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in the same manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public money

  (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Time limit for proceedings

16.23 Proceedings in respect of a violation may not be instituted later than two years after the time when the subject matter of the proceedings arose.

Marginal note:Publication

16.24 At any time after a notice of violation is issued and served, the Minister may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

Marginal note:Notations removed

• 16.25 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the person pays every penalty that the person is liable to pay, the Minister shall remove a notice of violation from the public record of notices of violation.

• Marginal note:Duty to notify

  (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person in writing, and provide the grounds for that opinion.

• Marginal note:Contents of notice

  (3) The notice shall include the date that is 30 days after the day on which the notice is served and the particulars concerning the procedure for requesting a review.

• Marginal note:Request for review

  (4) The person may, no later than the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal.

• Marginal note:Time and place for review

  (5) On receipt of a request filed under subsection (4), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (6) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

• Marginal note:Right of appeal

  (8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (9) A person who does not appear at the review hearing is not entitled to appeal the determination, unless the person establishes that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (10) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or refer the matter back to the Minister for reconsideration.

Offences and Punishment

Marginal note:Offence and punishment

• 17 (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:Continuing offence

  (2.1) An offence that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

• 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.

• Marginal note:Due diligence defence

  (4) In a prosecution for a contravention of section 16, a person is not to be found guilty of an offence under subsection (1) or (2) if they establish that they exercised all due diligence to prevent the commission of the offence.

Marginal note:Offence by employee or agent

• 18 (1) In a prosecution under this Act, it is sufficient proof of an offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• Marginal note:Time limit

  (2) A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose.

• Marginal note:Venue

  (3) A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.