Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
Full Document:
Assented to 2014-06-19
218. The Act is amended by adding the following after section 7:
Marginal note:Analytical aids
8. A company that applies a national safety mark to any vehicle or equipment or that imports any vehicle or equipment of a class for which standards are prescribed shall, on the Minister’ request, provide the Minister with the means to retrieve and analyse information created or recorded by the vehicle or equipment.
219. The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exemption from standards
9. (1) On application by a company as provided for in the regulations, the Governor in Council may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if conformity with that standard would, in the opinion of the Governor in Council,
220. The heading before section 10 of the Act is replaced by the following:
NOTICE OF DEFECT AND OF NON-COMPLIANCE
221. (1) Subsections 10(1) to (4) of the Act are replaced by the following:
Marginal note:Notice of defect
10. (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to
(a) the Minister, on becoming aware of the defect; and
(b) the current owner and any other prescribed person, within the period provided for in the regulations.
Marginal note:Notice already given
(2) A company is not required to give notice of a defect
(a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or
(b) for which a notice of non-compliance has been given under section 10.1.
Marginal note:Subsequent notice
(2.1) If the Minister determines that a defect has not been corrected in an adequate number of vehicles or equipment for which notice was given under subsection (1), the Minister may, by order, require the company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the defect corrected. In making this determination, the Minister shall take into consideration, among other things,
(a) the nature of the defect;
(b) the safety risk arising from it; and
(c) the total number of vehicles or equipment affected.
Marginal note:Unknown owner
(3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company,
(a) the company shall give notice in any other manner that is acceptable to the Minister; or
(b) the Minister may exempt the company from the requirement to give notice to the current owner.
Marginal note:Power to order
(4) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give notice of a defect in the manner specified in the order, if the Minister considers that it is in the interest of safety.
Marginal note:Statutory Instruments Act
(4.1) The Statutory Instruments Act does not apply to an order made under subsection (2.1) or (4).
(2) Subsections 10(6) and (7) of the Act are repealed.
222. The Act is amended by adding the following after section 10:
Marginal note:Notice of non-compliance
10.1 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to
(a) the Minister, on becoming aware of the non-compliance; and
(b) the current owner and any other prescribed person, within the period provided for in the regulations.
Marginal note:Notice already given
(2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment.
Marginal note:Exception
(3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b).
Marginal note:Subsequent notice
(4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things,
(a) the nature of the non-compliance;
(b) the safety risk arising from it; and
(c) the total number of vehicles or equipment affected.
Marginal note:Unknown owner
(5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company
(a) the company shall give notice in any other manner that is acceptable to the Minister; or
(b) the Minister may exempt the company from the requirement to give notice to the current owner.
Marginal note:Particulars to provincial authorities
(6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province.
Marginal note:Power to order
(7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified by the Minister, if the Minister considers that it is in the interest of safety.
Marginal note:Statutory Instruments Act
(8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7).
Marginal note:Follow-up reports
10.2 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations.
Marginal note:Make information available
10.3 A company that gives notice to the Minister in respect of a vehicle shall, as provided for in regulations, make information available for the vehicle in respect of which the notice was given.
223. (1) Subsection 11(1) of the Act is replaced by the following:
Marginal note:Regulations
11. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations
(a) respecting the keeping of records and the provision of information to the Minister; and
(b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.
(2) Subsections 11(3) and (4) of the Act are replaced by the following:
Marginal note:Incorporation by reference
(3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date,
(a) a document produced by a person or body other than the Minister; or
(b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards.
Marginal note:No registration or publication
(4) For greater certainty, a 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.
224. Section 12 of the Act is replaced by the following:
Definition of “technical standards document”
12. (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.
Marginal note:For greater certainty
12.1 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.
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