Motor Vehicle Fuel Consumption Standards Act (R.S.C., 1985, c. M-9)

Act current to 2017-09-14 and last amended on 2007-11-02. Previous Versions

Motor Vehicle Fuel Consumption Standards Act

R.S.C., 1985, c. M-9

An Act respecting motor vehicle fuel consumption standards

Short Title

Marginal note:Short title

 This Act may be cited as the Motor Vehicle Fuel Consumption Standards Act.

  • 1980-81-82-83, c. 113, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

company

compagnie

company means a person

  • (a) engaged in the business of manufacturing motor vehicles in Canada,

  • (b) engaged in the business of importing motor vehicles into Canada, or

  • (c) engaged in the business of selling to other persons, principally for the purpose of resale, motor vehicles obtained directly from a person described in paragraph (a) or his agent; (compagnie)

company average fuel consumption

moyenne de consommation de carburant d’une compagnie

company average fuel consumption means, in relation to a given company, the average fuel consumption of all motor vehicles of a prescribed class, calculated in accordance with section 10; (moyenne de consommation de carburant d’une compagnie)

fuel

carburant

fuel means gasoline, diesel oil or any other combustible matter and includes any other prescribed form of energy; (carburant)

fuel consumption

consommation de carburant

fuel consumption means the quantity of fuel used by a motor vehicle when driven a given distance; (consommation de carburant)

fuel consumption number

cote de consommation de carburant

fuel consumption number means a number that represents the fuel consumption of a motor vehicle under controlled test conditions; (cote de consommation de carburant)

fuel consumption standard

norme de consommation de carburant

fuel consumption standard means a standard prescribed pursuant to section 3; (norme de consommation de carburant)

inspector

inspecteur

inspector means a person designated as an inspector pursuant to subsection 23(1); (inspecteur)

Minister

ministre

Minister means the Minister of Transport; (ministre)

motor vehicle

véhicule automobile

motor vehicle means any vehicle designed to be driven or drawn on roads by any means other than exclusively by muscular power, and includes pedal cycles with auxiliary motors, minibikes and motorized snow vehicles, but does not include any vehicle designed for running exclusively on rails; (véhicule automobile)

prescribed

Version anglaise seulement

prescribed means prescribed by regulation; (Version anglaise seulement)

year

année

year means a calendar year. (année)

  • 1980-81-82-83, c. 113, s. 2.

Fuel Consumption Standards

Marginal note:Fuel consumption standards

 The Governor in Council may, on the recommendation of the Minister and the Minister of Natural Resources, make regulations prescribing, for the purposes of section 11, a fuel consumption standard for any prescribed class of motor vehicle for any year.

  • R.S., 1985, c. M-9, s. 3;
  • 1994, c. 41, s. 37.
Marginal note:Publication of proposed regulations
  •  (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 3 or 37 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to companies and other interested persons to make representations to the Minister with respect thereto.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of a proposed regulation that

    • (a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no substantive change to an existing regulation.

  • 1980-81-82-83, c. 113, s. 4.
Marginal note:Validity of fuel consumption standard

 A fuel consumption standard prescribed under section 3 for a particular year is not valid unless one of the following conditions is met:

  • (a) the fuel consumption standard has been published in the Canada Gazette before the end of the third year preceding that year;

  • (b) the fuel consumption standard is no more stringent than the fuel consumption standard applicable to the preceding year; or

  • (c) no objections by a company were received by the Minister during the ninety day period following publication of the proposed fuel consumption standard under subsection 4(1).

  • 1980-81-82-83, c. 113, s. 5.

Prohibitions

Marginal note:Interprovincial trade and imports
  •  (1) No company shall, for the purpose of sale,

    • (a) ship a motor vehicle of a prescribed class from the province in which it was manufactured to another province, or

    • (b) import into Canada a motor vehicle of a prescribed class

    unless

    • (c) a fuel consumption number in respect of that motor vehicle is registered pursuant to section 7,

    • (d) a label setting out the prescribed information relating to fuel consumption is affixed to the motor vehicle in the prescribed manner, and

    • (e) the motor vehicle is, according to its manufacturer’s specifications and according to the prescribed rules, substantially similar to the motor vehicle or vehicles used to establish the registered fuel consumption number.

  • Marginal note:Saving provision

    (2) No contravention of subsection (1) shall be deemed to be committed by a company if the requirements of paragraphs (1)(c) to (e) are met before the motor vehicle leaves the possession of that company or its consignee.

  • 1980-81-82-83, c. 113, s. 6.

Registration of Fuel Consumption Numbers

Marginal note:Application for registration
  •  (1) Where a company has established a fuel consumption number in accordance with the prescribed procedure, it may submit an application to the Minister, in prescribed form and containing the prescribed information, requesting registration of that fuel consumption number in respect of the motor vehicles described in the application.

  • Marginal note:Prescribed procedure must be used

    (2) A company shall not submit an application under subsection (1) where the fuel consumption number was not established in accordance with the prescribed procedure.

  • Marginal note:Minister to register fuel consumption number

    (3) Where the Minister receives a duly completed application under subsection (1), he shall forthwith register the fuel consumption number set out in the application.

  • 1980-81-82-83, c. 113, s. 7.
Marginal note:Prohibition orders re advertising
  •  (1) The Minister may, by order, prohibit the use by any company of

    • (a) a registered fuel consumption number, and

    • (b) fuel consumption information related to that registered fuel consumption number

    in advertising or other representations to the public relating to a motor vehicle if the Minister has reasonable grounds to believe

    • (c) that the motor vehicle is not, according to its manufacturer’s specifications and according to the prescribed rules, substantially similar to the motor vehicle or vehicles used to establish the registered fuel consumption number,

    • (d) that the application for registration of the fuel consumption number contained false or misleading information, or

    • (e) that the fuel consumption number was not established in accordance with the prescribed procedure,

    and that, as a result, the registered fuel consumption number does not correctly represent the fuel consumption of that motor vehicle.

  • Marginal note:When order takes effect

    (2) An order under subsection (1) takes effect sixty days after the order is made or on such later date as is fixed by the order.

  • Marginal note:Revised fuel consumption number

    (3) Where the Minister has made an order under subsection (1), the company that had obtained that registered fuel consumption number under section 7 may apply to the Minister for registration of a revised fuel consumption number, and subsections 7(1) and (2) apply to such an application.

  • Marginal note:Minister’s discretion

    (4) Where a company applies under subsection (3) for registration of a revised fuel consumption number, the Minister is not required to register that number if he has reasonable grounds to believe that it does not correctly represent the fuel consumption of the motor vehicle.

  • Marginal note:Where order deemed not to be contravened

    (5) In any prosecution under paragraph 30(1)(b) for contravention of an order made under subsection (1), a company shall be deemed not to have contravened the order if it establishes that it took all reasonable measures

    • (a) to withdraw the offending advertising or representations; and

    • (b) to substitute new advertising or representations, with similar distribution, using a registered revised fuel consumption number obtained pursuant to this section.

  • 1980-81-82-83, c. 113, s. 8.
 
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