Marginal note:National fuel consumption marks

17. 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.

Marginal note:Prohibition

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

Marginal note:Conditions for use of national fuel consumption marks

• 19. (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.

Marginal note:Use of similar marks prohibited

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

Marginal note:Company to keep records

• 21. (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.