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MOTOR VEHICLE SAFETY ACT
MOTOR VEHICLE SAFETY ACTAn Act to regulate the manufacture and SHORT TITLEShort Title 1. This Act may be cited as the Motor Vehicle Safety Act. INTERPRETATIONDefinitions 2. In this Act, "company" «entreprise» "company" means a person
"equipment" «équipement» "equipment" means any equipment set out in Schedule I that is designed for use in or on a vehicle; "inspector" «inspecteur» "inspector" means a person designated as an automotive inspector pursuant to section 14; "manufacture" «fabrication»... "manufacture", in relation to a vehicle, includes any process of assembling or altering the vehicle prior to its sale to the first retail purchaser; "Minister" «ministre» "Minister" means the Minister of Transport; "national safety mark" «marque nationale de sécurité» "national safety mark" means the expression "Canada Motor Vehicle Safety Standard" or "Norme de sécurité des véhicules automobiles du Canada", the abbreviation "CMVSS" or "NSVAC", or the symbol set out in Schedule II; "prescribed" "prescribed" means prescribed by regulations made under section 11; "sell" «vente» "sell" includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease; "standard" «norme» "standard" means a standard that governs the design, construction, functioning or marking of vehicles or equipment for the purpose of reducing the risk of death, injury or property damage from vehicle use; "vehicle" «véhicule» "vehicle" means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails. NATIONAL SAFETY MARKSNational trade-marks3. (1) The national safety marks are hereby declared to be national trade-marks and, except as provided in this Act, the exclusive property in and right to the use of those marks are vested in Her Majesty in right of Canada. Use of marks(2) A company authorized by the Minister in the prescribed manner may, subject to the provisions of this Act, apply a national safety mark, in the prescribed form and manner and on the prescribed place, to a vehicle or equipment of a prescribed class. Prohibition(3) No person shall use a national safety mark except as authorized by this Act. Confusing marks(4) No person shall use a mark other than a national safety mark in such a manner that it is likely to be mistaken for a national safety mark. Interprovincial shipments4. Except as otherwise provided by the regulations, no company shall ship from one province to another, or deliver to any person for the purpose of being so shipped, any vehicle or equipment of a prescribed class manufactured in Canada unless it has a national safety mark applied to it in accordance with section 3. VEHICLE AND EQUIPMENT STANDARDSCompliance by companies5. (1) No company shall apply a national safety mark to any vehicle or equipment, sell any vehicle or equipment to which a national safety mark has been applied, or import into Canada any vehicle or equipment of a prescribed class unless
Maintenance of records(2) A person who maintains records referred to in paragraph (1)(g) or a registration system referred to in paragraph (1)(h) shall cause information therein to be retained for the prescribed period. Time of compliance(3) Unless otherwise provided by the regulations, a company may apply a national safety mark to, or import into Canada, a vehicle that does not satisfy a requirement of subsection (1) if that requirement is satisfied before the vehicle leaves the possession or control of the company and before the vehicle is presented for registration under the laws of a province. Certification by foreign agency(4) Where the regulations so provide in relation to a prescribed standard that corresponds to a prescribed enactment of a foreign government, a vehicle shall be deemed to conform to the standard if a prescribed agency of that government has certified that the vehicle conforms to the enactment as applied by the agency, unless the Minister determines that the vehicle does not conform to that enactment as so applied. Compliance by all persons importing vehicles6. No person shall import into Canada a vehicle of a prescribed class unless the requirements of paragraphs 5(1)(a), (b), (d) and (e) are satisfied in respect of the vehicle. Exceptions for certain importations7. (1) Sections 5 and 6 do not apply in respect of the importation of a vehicle or equipment if
Vehicles purchased in United States(2) Except as otherwise provided by the regulations, a vehicle that has been sold at the retail level in the United States and that fails to satisfy an applicable requirement of section 5 or 6 may be imported into Canada notwithstanding that section if the person importing the vehicle makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province, the vehicle
Change in standard since manufacture(3) A vehicle that does not conform to a standard prescribed for vehicles of its class at the time of its main assembly may be imported notwithstanding section 5 or 6 if, at the time of its importation, the standard is no longer in effect and
Imported vehicles(4) A vehicle that is imported into Canada must conform to the standard prescribed for the class of equivalent non-imported vehicle, or made to conform to this standard prior to the presentation for registration under the laws of a province. Declarations binding(5) No person who makes a declaration referred to in paragraph (1)(a) or subsection (2) in respect of a vehicle or equipment shall use or dispose of the vehicle or equipment in a manner contrary to the terms of that declaration. 8. [Repealed c.33, s.352] VEHICLE EXEMPTIONSExemption from standards9. (1) On application by a company in the prescribed form, supported by prescribed technical and financial information, the Governor in Council may, by order, grant an exemption for a specified period, subject to any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard applicable to that model where conformity with that standard would, in the opinion of the Governor in Council,
Period and extent of exemption(2) An exemption for a model may be granted for a period not exceeding
Conditions for granting exemption(3) An exemption may not be granted for a model if the exemption would substantially diminish the safe performance of the model or if the company applying for the exemption has not attempted in good faith to bring the model into conformity with all prescribed standards applicable to it. Idem(4) An exemption applied for by a company for any period may not be granted on the basis referred to in paragraph (1)(a) where
Renewal of exemption(5) On expiration of the period of an exemption, a new exemption may be granted in accordance with this section. NOTICE OF SAFETY DEFECTSObligation to give notice10. (1) A company that manufactures, sells or imports any vehicle or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person, cause notice of the defect to be given in the prescribed manner to
Where notice previously given(2) A company is not required to cause notice to be given of a defect of which notice has already been given under this section by another company that manufactured, sold or imported the vehicle or equipment. Publication of notice(3) Where the Minister is satisfied that the name of the current owner of a vehicle or equipment cannot reasonably be determined by a company in accordance with paragraph (1)(c),
Contents of notice(4) A notice required to be given under subsections (1) and (3) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the safety risk arising from it and directions for correcting it. Particulars to provincial authorities(5) Forthwith on receiving any notice under subsection (1), the Minister shall forward full particulars of the notice to the minister or other officer responsible for motor vehicle administration in each province. Follow-up reports(6) Every company that causes notice to be given under subsection (1) shall submit a report containing prescribed information respecting the defect and its correction to the Minister in the prescribed form within the prescribed period and quarterly thereafter. Idem(7) Unless the Minister otherwise directs, the quarterly reports referred to in subsection (6) shall be submitted for a period of two years after the day on which notice was given under subsection (1). REGULATIONSRegulations11. (1) The Governor in Council may make regulations
Progressive application(2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles of any class before those regulations are made applicable in respect of all vehicles of that class. Publication of proposed regulations(3) Regulations proposed to be made under this Act shall be published in the Canada Gazette and a reasonable opportunity afforded to interested persons to make representations to the Minister with respect to them. Exceptions(4) Subsection (3) does not require the publication of proposed regulations
Definition of "technical standards document"12. (1) In this section, "technical standards document" means a document, published in the prescribed manner by authority of the Minister, that reproduces in the official languages of Canada an enactment of a foreign government with such adaptations of form and reference as will facilitate the incorporation of the enactment under this section. Incorporation of document(2) Regulations made under this Act may incorporate by reference a technical standards document as it reads on a prescribed day or as it is amended from time to time following the incorporation by reference, and may extend, qualify or exclude the application of any provision of the document so incorporated. Publication(3) No person is required to comply with a provision of a technical standards document incorporated by the regulations until six months after the publication of the provision in the prescribed manner, provided the person continues to comply with any provision for which that provision is substituted. Expiration(4) Where regulations incorporate a technical standards document as amended from time to time, those regulations shall specify the day on which they shall expire, which day may not be later than five years after the day on which they come into force. Document not a statutory instrument(5) A technical standards document is not a statutory instrument for the purposes of the Statutory Instruments Act. Interim order13. (1) Where 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 one year, suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect. 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. INSPECTIONInspectors14. (1) The Minister may designate as an automotive inspector any person who, in the Minister's opinion, is qualified to be so designated. 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. Entry by inspectors15. (1) For the purpose of verifying compliance with this Act, an inspector may at any reasonable time enter any place in which the inspector believes on reasonable grounds there is
Search of premises(2) An inspector who enters a place pursuant to subsection (1) may examine any vehicle, equipment or component found there, and may open any package or receptacle in that place that the inspector believes on reasonable grounds contains any equipment or component referred to in that subsection. Production of documents(3) An inspector may require any person to produce for examination any books, records, reports, test data, shipping bills, bills of lading or other documents or electronically stored data that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act or to the identification or analysis of a defect referred to in subsection 10(1), and may make copies of or take extracts from any of them. Seizure of property(4) 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)
Assistance to inspectors16. (1) Any person who owns or has charge of a place entered by an inspector pursuant to subsection 15(1) and every person present there shall provide all reasonable assistance in their power to enable the inspector to carry out the inspector's duties, and shall furnish such information as the inspector reasonably requires for purposes of the administration of this Act. False statements(2) No person shall knowingly obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out functions under this Act. Interference with seized property(3) 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 pursuant to subsection 15(4). OFFENCES AND PUNISHMENTOffences and punishment17. (1) Every corporation that contravenes any provision of this Act
Idem(2) Every individual who contravenes any provision of this Act
Defence where more than one manufacturer(3) In a prosecution for a contravention of section 4 or subsection 5(1) by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another person engaged in the manufacture of the vehicle. Offence by employee or agent18. (1) In a prosecution under this Act, it is sufficient proof of an offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. Time limit(2) A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose. Venue(3) A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose. Evidence19. (1) In a prosecution under this Act, evidence that a vehicle or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles or equipment is, in the absence of evidence to the contrary, proof that the vehicle or equipment was manufactured, imported or sold, as the case may be, by that company. Idem(2) In a prosecution under this Act, evidence that a vehicle or equipment bearing a national safety mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national safety mark was affixed by the company. RESEARCH, TESTING AND FEESPowers of Minister20. (1) The Minister may
Fees and prices to be charged(2) The Minister may, by order, determine or establish the manner of determining a fee to be charged for any facility or service made available to any person under paragraph (1)(d), the price to be charged for any material or part referred to in that paragraph, and the terms of payment of fees and prices so charged. Application of charges(3) Any amount charged pursuant to subsection (2) may be applied against the cost of making facilities, materials, parts and services available to persons under paragraph (1)(d). Recovery of charges(4) Any amount charged pursuant to subsection (2) may be recovered as a debt due to Her Majesty in the Federal Court. 21. [Repealed c.33, s.354] REPEALRepeal of R.S., c. M-1022. The Motor Vehicle Safety Act is repealed. Repeal of R.S., c. M-1123. The Motor Vehicle Tire Safety Act is repealed. COMING INTO FORCEComing into force24. This Act shall come into force on a day to be fixed by order of the Governor in Council. SCHEDULE I(Section 2) MOTOR VEHICLE EQUIPMENT1. Tires 2. Equipment for use in the restraint of children and disabled persons SCHEDULE II(Section 2) NATIONAL SAFETY MARKList of Amendments
Established by the Revised Statues of Canada, 1985.CHAPTER M-10. revoked and replaced by Statutes of Canada, 1993 chapter 16, in force April 12, 1995
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