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

Act current to 2017-11-06 and last amended on 2007-11-02. Previous Versions

National Fuel Consumption Marks

Marginal note:National fuel consumption marks

 The words “Canada Motor Vehicle Fuel Consumption Standard” and “Normes de consommation de carburant des véhicules automobiles du Canada”, and any abbreviations thereof, shall be national trade-marks and, except as provided in this Act, the exclusive property in and right to the use of those marks, referred to in sections 18, 19 and 20 as “national fuel consumption marks”, is hereby declared to be vested in Her Majesty in right of Canada.

  • 1980-81-82-83, c. 113, s. 17.
Marginal note:Prohibition

 No person shall use any national fuel consumption mark except in accordance with section 19 and the regulations thereunder.

  • 1980-81-82-83, c. 113, s. 18.
Marginal note:Conditions for use of national fuel consumption marks
  •  (1) No person shall

    • (a) apply to a motor vehicle of a prescribed class any national fuel consumption mark, or

    • (b) sell, offer for sale, have in possession for sale or deliver for sale a motor vehicle of a prescribed class to which has been applied any national fuel consumption mark

    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,

    • (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, and

    • (f) the national fuel consumption mark is in the prescribed form and is applied to the motor vehicle in the prescribed manner and at the prescribed place on the vehicle.

  • Marginal note:Idem

    (2) It is a further condition of the use of any national fuel consumption mark that, where a national fuel consumption mark has been applied to a motor vehicle of a prescribed class, other than a motor vehicle exported from Canada, that motor vehicle shall be included in the aggregate set out in the report under section 9 and shall be taken into account for purposes of the calculation of the company average fuel consumption under section 10 and any assessment of a penalty under section 11.

  • 1980-81-82-83, c. 113, s. 19.
Marginal note:Use of similar marks prohibited

 No person shall use a mark or designation so closely resembling a national fuel consumption mark as to be likely to be mistaken therefor.

  • 1980-81-82-83, c. 113, s. 20.

Records

Marginal note:Company to keep records
  •  (1) A company shall maintain records in prescribed form containing the prescribed information relating to

    • (a) the procedure by which it established each registered fuel consumption number;

    • (b) details of the manufacture of each motor vehicle to which a registered fuel consumption number applies;

    • (c) applications made to the Minister for registration of each fuel consumption number;

    • (d) applications made to the Governor in Council for exemptions under section 16;

    • (e) interim statistics and forecasts of the information to be contained in the annual reports to the Minister under section 9; and

    • (f) the company’s annual reports to the Minister under section 9.

  • Marginal note:Minister may examine records

    (2) When the Minister so requests, a company shall provide him forthwith with any information contained in the records described in subsection (1).

  • Marginal note:Records to be kept five years

    (3) A company shall keep the records described in subsection (1) for a period of five years from the end of the year to which such records relate.

  • 1980-81-82-83, c. 113, s. 21.

Test Vehicles

Marginal note:Minister may examine test vehicle or component
  •  (1) The Minister may request a company to make available, at such place as the Minister requests, a motor vehicle or any component thereof that

    • (a) was used in tests conducted to establish a registered fuel consumption number, or

    • (b) is representative of a motor vehicle or component that was used in tests conducted to establish a registered fuel consumption number,

    and the company shall forthwith comply with the Minister’s request.

  • Marginal note:Minister may dismantle and examine motor vehicle or component

    (2) Where a company makes available to the Minister a motor vehicle or a component thereof pursuant to subsection (1), the Minister may

    • (a) dismantle and examine the motor vehicle or the component; and

    • (b) conduct all necessary tests to verify the accuracy of tests conducted by the company to establish the fuel consumption number.

  • Marginal note:Minister to return motor vehicle or component

    (3) A motor vehicle or component made available to the Minister under this section shall not be detained by the Minister after the expiration of thirty days after the completion of the examination and tests referred to in subsection (2) unless, before that time, proceedings have been instituted in respect of an offence under this Act, in which case the motor vehicle or component may be detained until the proceedings are finally concluded.

  • 1980-81-82-83, c. 113, s. 22.

Enforcement

Marginal note:Inspectors
  •  (1) The Minister may designate as an inspector for the purposes of this Act any person who, in his opinion, is qualified to be so designated.

  • Marginal note:Certificate to be produced

    (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place described in subsection 24(1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

  • 1980-81-82-83, c. 113, s. 23.
Marginal note:Powers of inspectors
  •  (1) An inspector may at any reasonable time enter any place in which he believes on reasonable grounds that there is

    • (a) a motor vehicle of a class for which a fuel consumption standard has been prescribed and that is

      • (i) owned by, or

      • (ii) situated on the premises of

      a company or a consignee of imported motor vehicles,

    • (b) a component of a motor vehicle of a class for which a fuel consumption standard has been prescribed, or

    • (c) any record described in section 21,

    and may

    • (d) examine any motor vehicle, any component of a motor vehicle or any records found in that place,

    • (e) open and examine any package found therein that he believes on reasonable grounds contains any component of a motor vehicle or any records, and

    • (f) require any person to produce for inspection any books, reports, test data, control records, shipping bills, bills of lading or other documents or papers that he believes on reasonable grounds contain any information relevant to the administration or enforcement of this Act, and make copies thereof or extracts therefrom.

  • Marginal note:Assistance to inspectors

    (2) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties under this Act, and shall furnish the inspector with any information he may reasonably require with respect to the administration or enforcement of this Act.

  • 1980-81-82-83, c. 113, s. 24.
Marginal note:Obstruction of inspectors
  •  (1) No person shall obstruct or hinder an inspector engaged in carrying out his duties under this Act.

  • Marginal note:False statements

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

  • 1980-81-82-83, c. 113, s. 25.
 
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