Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-03-05

Regulations (continued)

Definition of technical standards document

  •  (1) In this section, technical standards document means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material.

  • Marginal note:Incorporation of document

    (2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date.

  • Marginal note:No registration or publication

    (3) For greater certainty, a technical standards document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.

1993, c. 16, s. 12; 2014, c. 20, s. 224.

Marginal note:For greater certainty

 For greater certainty, subsections 11(3) and 12(2) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

2014, c. 20, s. 224.

Marginal note:Interim order

  •  (1) If an enactment of a foreign government corresponds to regulations made under this Act and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an order, effective for a period not exceeding three years, suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect. The Minister may renew the order for a further period not exceeding three years.

  • Marginal note:Order not a regulation

    (2) An order issued under subsection (1) is not a regulation for the purposes of the Statutory Instruments Act but no person is required to comply with such an order unless it has been published in the Canada Gazette or that person has received actual notice of it.

1993, c. 16, s. 13; 2018, c. 2, s. 10.

Marginal note:Order to suspend, modify or adapt regulation

 The Minister may issue an order, effective for a period not exceeding three years, that suspends, modifies or adapts a regulation, in whole or in part, if the Minister is of the opinion that it is in the public interest to do so, including to promote innovation or for reasons of safety.

2018, c. 2, s. 11.

Inspection

Marginal note:Inspectors

  •  (1) The Minister may designate as an automotive inspector any person who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Investigation — collisions

    (1.1) For greater certainty, the Minister may designate as a collision investigator any person whom the Minister considers qualified, and that person may collect information with respect to an investigation of any motor vehicle collision.

  • Marginal note:Certificate of designation

    (2) The Minister shall furnish every inspector with a certificate of designation, and on entering any place referred to in subsection 15(1) an inspector shall, on demand from the person in charge of that place, produce the certificate for examination by that person.

  • Marginal note:Testimony  — civil suits

    (3) An inspector may not be compelled to give testimony in any civil suit, with regard to information obtained by them in the discharge of their duties, without the Minister’s written permission.

1993, c. 16, s. 14; 2014, c. 20, s. 225; 2018, c. 2, s. 12.

Marginal note:Entry by inspector

  •  (1) For a purpose related to verifying compliance with this Act, an inspector may at any reasonable time enter any place, other than a dwelling-house but including a collision site, in which the inspector 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 referred to in paragraph 5(1)(g).

  • Marginal note:Entry by inspector

    (2) In carrying out their duties, an inspector and any person accompanying the inspector 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

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

  • Marginal note:Powers

    (4) The inspector may, for the purpose referred to in subsection (1),

    • (a) examine any vehicle, equipment or component that is in the place;

    • (b) open and examine any package or receptacle that the inspector believes contains any equipment or component referred to in that subsection;

    • (c) examine any document that is in the place, make copies of it or take extracts from it;

    • (d) disassemble and remove any constituent components;

    • (e) order the owner or person having possession, care or control of any vehicle or equipment to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (f) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

    • (g) use or cause to be used copying equipment that is in the place and remove the copies for examination;

    • (h) take photographs or make recordings or sketches; and

    • (i) remove any vehicle, equipment or component from the place for the purpose of examination or conducting tests.

  • Marginal note:Assistance to inspector

    (5) Any person who owns or has charge of a place entered by an inspector under subsection (1) and every person present there shall answer all of the inspector’s reasonable questions related to the inspection, provide access to all electronic data that the inspector may reasonably require, provide all reasonable assistance in their power to enable the inspector to carry out his or her duties and furnish any information that the inspector reasonably requires for the purposes of the administration of this Act.

  • Marginal note:Seizure of property

    (6) An inspector may seize and, subject to sections 489.1 to 491.2 of the Criminal Code, detain any vehicle, equipment or component described in subsection (1)

    • (a) by means of which or in relation to which the inspector believes on reasonable grounds that this Act has been contravened; or

    • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act.

  • Marginal note:Interference with seized property

    (7) Except with the authorization of an inspector, no person shall remove, alter or otherwise interfere with any vehicle, equipment or component seized by an inspector under subsection (6).

1993, c. 16, s. 15; 2014, c. 20, s. 226; 2018, c. 2, s. 13.

Marginal note:Production of documents, information or electronic data

 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.

2018, c. 2, s. 14.

Marginal note:False statements

 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.

1993, c. 16, s. 16; 2018, c. 2, s. 14.

Consent Agreement

Marginal note:Consent agreement

  •  (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.

2018, c. 2, s. 14.
 
Date modified: