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

Marginal note:Production of documents, information or electronic data

15.1 An inspector may, for a purpose related to verifying compliance with this Act, order a person, in writing, to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or electronic data specified by the inspector.

Marginal note:False statements

16 No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector who is engaged in carrying out his or her functions.

Consent Agreement

Marginal note:Consent agreement

• 16.01 (1) The Minister may enter into a consent agreement with any corporation, company or individual that has contravened the Act or its regulations, or that the Minister believes has contravened the Act or its regulations.

• Marginal note:Contents of agreement

  (2) A consent agreement may include any term or condition, including the payment of an amount by a corporation, company or individual that may be different from the amount determined under this Act for the contravention.

• Marginal note:Filing and registration of agreement

  (3) A consent agreement shall be filed with the Federal Court for registration as soon as feasible. The consent agreement is deemed to be an order of the court and is enforceable in the same manner.

• Marginal note:Effect of registration

  (4) On registration of a consent agreement, any proceedings commenced in relation to a contravention that gave rise to the agreement are terminated and no further proceedings under this Act shall be taken against the corporation, company or individual with respect to the contravention.

• Marginal note:Amendment

  (5) The Minister and any party to the consent agreement may modify its terms at the request of either at any time and the amended agreement replaces the original agreement and must be filed and registered accordingly.

• Marginal note:Publication

  (6) On registration, the Minister shall cause each consent agreement to be published through the Internet or by any other means that the Minister considers appropriate.

Administrative Monetary Penalties

Marginal note:Regulations

16.1 The Governor in Council may, by regulation,

• (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 16.13 to 16.23 of this Act, or any regulations or orders made under this Act;

• (b) prescribe the maximum amount payable for each violation, but not more than

  • (i) $4,000, in the case of an individual, and

  • (ii) $200,000, in the case of a corporation or company;

• (c) establish what constitutes a related series or class of violations; and

• (d) prescribe the total maximum amount payable for a related series or class of violations.

Marginal note:Designation of enforcement officers

• 16.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers.

• Marginal note:Certification of enforcement officers

  (2) Every person who is designated as an enforcement officer shall receive a certificate of designation attesting to their designation and shall, on demand, present the certificate to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

• Marginal note:Entry by officer

  (3) For the purpose of determining whether a violation referred to in section 16.13 has been committed, an enforcement officer may at any reasonable time enter any place, other than a dwelling-house, in which the enforcement officer believes on reasonable grounds there is

  • (a) any vehicle or equipment of a class for which standards are prescribed;

  • (b) any component that is used or intended to be used in the manufacture of a vehicle or equipment for which safety standards are prescribed; or

  • (c) any record that is referred to in paragraph 5(1)(g).

• Marginal note:Entry by enforcement officer

  (4) In carrying out his or her duties, an enforcement officer and any person accompanying him or her may enter on and pass through or over private property, other than a dwelling-house, without being liable for doing so and without any person having the right to object to that use of the property.

• Marginal note:Power to require attendance of persons

  (5) An enforcement officer who enters a place may require the attendance of persons whom the enforcement officer considers relevant to the carrying out of the enforcement officer’s functions.

• Marginal note:Search of premises

  (6) An enforcement officer who enters a place under subsection (3) may examine any vehicle and may exercise the powers and carry out the duties or functions of an inspector under subsection 15(2).

• Marginal note:Production of documents, information or electronic data

  (7) An enforcement officer may, for a purpose related to determining whether a violation referred to in section 16.13 has been committed, order a person in writing to provide, on the date, at the time and place and in the manner specified by the enforcement officer, any document, information or electronic data specified by the enforcement officer.

• Marginal note:Assistance to enforcement officer

  (8) Any person who owns or has charge of a place entered by an enforcement officer under subsection (3) and every person present there shall answer all of the enforcement officer’s reasonable questions related to the functions of the enforcement officer, provide access to all electronic data that the enforcement officer may reasonably require, provide all reasonable assistance in their power to enable the enforcement officer to carry out the enforcement officer’s duties and furnish any information that the enforcement officer reasonably requires for the purposes of the administration of this Act.

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.