Marginal note:Fuel consumption standards

3. 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.

Marginal note:Publication of proposed regulations

• 4. (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.

Marginal note:Validity of fuel consumption standard

5. 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).

Marginal note:Interprovincial trade and imports

• 6. (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.