Strengthening Motor Vehicle Safety for Canadians Act (S.C. 2018, c. 2)
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Assented to 2018-03-01
1993, c. 16Motor Vehicle Safety Act (continued)
10 Subsection 13(1) of the Act is replaced by the following:
Marginal note:Interim order
13 (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.
11 The Act is amended by adding the following after section 13:
Marginal note:Order to suspend, modify or adapt regulation
13.1 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.
12 Section 14 of the Act is amended by adding the following after subsection (1):
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:2014, c. 20, s. 226
13 (1) The portion of subsection 15(1) of the Act before paragraph (c) is replaced by the following:
Marginal note:Entry by inspector
15 (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
(2) Subsections 15(2) to (4) of the Act are replaced by the following:
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)
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).
14 Section 16 of the Act is replaced by the following:
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.
15 The Act is amended by adding the following after section 16.01:
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
(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
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.
Marginal note:Right of appeal
16.2 (1) Within 30 days after a determination is made under section 16.18, the Minister or a person to whom it applies may appeal the determination to the Tribunal.
Marginal note:Loss of right of appeal
(2) A party who does not appear at a review hearing is not entitled to appeal the determination, unless the party establishes that there was sufficient reason to justify their absence.
Marginal note:Disposition of appeal
(3) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or allow it and, in allowing the appeal, the panel may substitute its decision for the determination.
Marginal note:Finding of violation
(4) If the appeal panel finds that a person has committed a violation, the panel shall immediately inform the person and the Minister of the finding and, subject to any regulations made under paragraph 16.1(b) or (d), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.
Marginal note:Finding of no violation
(5) If the appeal panel finds that a person has not committed a violation, the panel shall immediately inform the person and the Minister of the finding.
Marginal note:Certificate
16.21 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,
(a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 16.16;
(b) to pay an amount determined under paragraph 16.18(b) or to file an appeal under section 16.19; or
(c) to pay an amount determined under subsection 16.19(4).
Marginal note:Registration of certificate
16.22 (1) On production in any superior court, a certificate issued under section 16.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person who is named in the certificate for a debt of the amount set out in the certificate.
Marginal note:Recovery of costs and charges
(2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in the same manner as if they had been certified and the certificate had been registered under subsection (1).
Marginal note:Amounts received deemed public money
(3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.
Marginal note:Time limit for proceedings
16.23 Proceedings in respect of a violation may not be instituted later than two years after the time when the subject matter of the proceedings arose.
Marginal note:Publication
16.24 At any time after a notice of violation is issued and served, the Minister may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
Marginal note:Notations removed
16.25 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the person pays every penalty that the person is liable to pay, the Minister shall remove a notice of violation from the public record of notices of violation.
Marginal note:Duty to notify
(2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person in writing, and provide the grounds for that opinion.
Marginal note:Contents of notice
(3) The notice shall include the date that is 30 days after the day on which the notice is served and the particulars concerning the procedure for requesting a review.
Marginal note:Request for review
(4) The person may, no later than the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal.
Marginal note:Time and place for review
(5) On receipt of a request filed under subsection (4), 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
(6) 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:Determination
(7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.
Marginal note:Right of appeal
(8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.
Marginal note:Loss of right of appeal
(9) A person who does not appear at the review hearing is not entitled to appeal the determination, unless the person establishes that there was sufficient reason to justify their absence.
Marginal note:Disposition of appeal
(10) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or refer the matter back to the Minister for reconsideration.
- Date modified: