Motor Vehicle Fuel Consumption Standards Act (R.S.C., 1985, c. M-9)

Marginal note:Right of appeal

• 14 (1) Where the Minister confirms or varies an assessment, the company may, within thirty days of being served with the Minister’s decision, appeal the Minister’s decision to the Federal Court.

• Marginal note:Institution of appeal

  (2) An appeal to the Federal Court under subsection (1) shall be instituted in the manner set forth in section 48 of the Federal Courts Act.

• Marginal note:Disposal of appeal

  (3) The Federal Court shall dispose of an appeal under this section by confirming, cancelling or varying the assessment, and shall base its decision solely on the criteria set out in paragraphs 13(4)(a) and (b).

Marginal note:Debt due Her Majesty

15 A penalty payable under section 12 is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

Exemption from Fuel Consumption Standard

Marginal note:Applications for exemption from fuel consumption standard

• 16 (1) On application by a company in the prescribed form and containing the prescribed information, the Governor in Council may, by order, in respect of up to three years,

  • (a) exempt from a fuel consumption standard up to one thousand motor vehicles per year manufactured by a manufacturer whose world production was less than ten thousand motor vehicles in the second year preceding the year in respect of which the application for exemption is made, if the Governor in Council is of the opinion that it would not be desirable to have the fuel consumption standard apply to those motor vehicles; and

  • (b) exempt from a fuel consumption standard any or all vehicles manufactured or imported by a company, where the Governor in Council is of the opinion that compliance with the fuel consumption standard would

    • (i) create substantial financial hardship for the company, or

    • (ii) prevent the development of new kinds of motor vehicles.

• Marginal note:New fuel consumption standard may be imposed

  (2) The Governor in Council may, by order, in respect of a company that has been granted an exemption under subsection (1), impose a new fuel consumption standard applicable to the motor vehicles exempted under that subsection.

• Marginal note:Effect of exemption

  (3) Where all the motor vehicles manufactured or imported by a company are exempted under paragraph (1)(a) or (b) and no new fuel consumption standard is imposed under subsection (2), sections 11 to 15 do not apply in respect of that company.

• Marginal note:Idem

  (4) Where all the motor vehicles manufactured or imported by a company are exempted under paragraph (1)(a) or (b) and a new fuel consumption standard is imposed under subsection (2), sections 11 to 15 apply in respect of that company, but a reference in subsection 11(1) or (2) to “fuel consumption standard” shall be read as a reference to the new fuel consumption standard imposed under subsection (2).

• Marginal note:Idem

  (5) Where some but not all of the motor vehicles manufactured or imported by a company are exempted under paragraph (1)(a) or (b), then

  • (a) the Minister shall calculate, in respect of that company, in the same manner as he would calculate the company average fuel consumption,

    • (i) a partial company average fuel consumption, based on the motor vehicles other than those exempted, and

    • (ii) where applicable, a second partial company average fuel consumption, based on the exempted vehicles for which a new fuel consumption standard has been imposed under subsection (2);

  • (b) a penalty under subsection 11(2) shall be calculated on the basis of the partial company average fuel consumption described in subparagraph (a)(i); and

  • (c) where a new fuel consumption standard has been imposed under subsection (2) and the partial company average fuel consumption described in subparagraph (a)(ii) exceeds that new fuel consumption standard,

    • (i) the Minister shall issue an assessment against the company imposing a penalty, subject to subsection (6), equal to the product obtained by multiplying

      • (A) one dollar for every one-hundredth of a litre per one hundred kilometres by which that partial company average fuel consumption exceeds the new fuel consumption standard

      by

      • (B) the aggregate number of motor vehicles to which the new fuel consumption standard applies, and

    • (ii) subsections 11(3) and (4) and sections 12 to 15 apply, with such modifications as the circumstances require, in respect of a penalty imposed under subparagraph (i).

• Marginal note:Maximum penalty

  (6) A penalty imposed under subparagraph (5)(c)(i) shall not exceed the penalty that would have been imposed had no exemption been granted under subsection (1).

National Fuel Consumption Marks

Marginal note:National fuel consumption marks

17 The words “Canada Motor Vehicle Fuel Consumption Standard” and “Normes de consommation de carburant des véhicules automobiles du Canada”, and any abbreviations thereof, shall be national trademarks and, except as provided in this Act, the exclusive property in and right to the use of those marks, referred to in sections 18, 19 and 20 as “national fuel consumption marks”, is hereby declared to be vested in Her Majesty in right of Canada.

Marginal note:Prohibition

18 No person shall use any national fuel consumption mark except in accordance with section 19 and the regulations thereunder.

Marginal note:Conditions for use of national fuel consumption marks

• 19 (1) No person shall

  • (a) apply to a motor vehicle of a prescribed class any national fuel consumption mark, or

  • (b) sell, offer for sale, have in possession for sale or deliver for sale a motor vehicle of a prescribed class to which has been applied any national fuel consumption mark

  unless

  • (c) a fuel consumption number in respect of that motor vehicle is registered pursuant to section 7,

  • (d) a label setting out the prescribed information relating to fuel consumption is affixed to the motor vehicle in the prescribed manner,

  • (e) the motor vehicle is, according to its manufacturer’s specifications and according to the prescribed rules, substantially similar to the motor vehicle or vehicles used to establish the registered fuel consumption number, and

  • (f) the national fuel consumption mark is in the prescribed form and is applied to the motor vehicle in the prescribed manner and at the prescribed place on the vehicle.

• Marginal note:Idem

  (2) It is a further condition of the use of any national fuel consumption mark that, where a national fuel consumption mark has been applied to a motor vehicle of a prescribed class, other than a motor vehicle exported from Canada, that motor vehicle shall be included in the aggregate set out in the report under section 9 and shall be taken into account for purposes of the calculation of the company average fuel consumption under section 10 and any assessment of a penalty under section 11.

Marginal note:Use of similar marks prohibited

20 No person shall use a mark or designation so closely resembling a national fuel consumption mark as to be likely to be mistaken therefor.

Records

Marginal note:Company to keep records

• 21 (1) A company shall maintain records in prescribed form containing the prescribed information relating to

  • (a) the procedure by which it established each registered fuel consumption number;

  • (b) details of the manufacture of each motor vehicle to which a registered fuel consumption number applies;

  • (c) applications made to the Minister for registration of each fuel consumption number;

  • (d) applications made to the Governor in Council for exemptions under section 16;

  • (e) interim statistics and forecasts of the information to be contained in the annual reports to the Minister under section 9; and

  • (f) the company’s annual reports to the Minister under section 9.

• Marginal note:Minister may examine records

  (2) When the Minister so requests, a company shall provide him forthwith with any information contained in the records described in subsection (1).

• Marginal note:Records to be kept five years

  (3) A company shall keep the records described in subsection (1) for a period of five years from the end of the year to which such records relate.

Test Vehicles

Marginal note:Minister may examine test vehicle or component

• 22 (1) The Minister may request a company to make available, at such place as the Minister requests, a motor vehicle or any component thereof that

  • (a) was used in tests conducted to establish a registered fuel consumption number, or

  • (b) is representative of a motor vehicle or component that was used in tests conducted to establish a registered fuel consumption number,

  and the company shall forthwith comply with the Minister’s request.

• Marginal note:Minister may dismantle and examine motor vehicle or component

  (2) Where a company makes available to the Minister a motor vehicle or a component thereof pursuant to subsection (1), the Minister may

  • (a) dismantle and examine the motor vehicle or the component; and

  • (b) conduct all necessary tests to verify the accuracy of tests conducted by the company to establish the fuel consumption number.

• Marginal note:Minister to return motor vehicle or component

  (3) A motor vehicle or component made available to the Minister under this section shall not be detained by the Minister after the expiration of thirty days after the completion of the examination and tests referred to in subsection (2) unless, before that time, proceedings have been instituted in respect of an offence under this Act, in which case the motor vehicle or component may be detained until the proceedings are finally concluded.

Enforcement

Marginal note:Inspectors

• 23 (1) The Minister may designate as an inspector for the purposes of this Act any person who, in his opinion, is qualified to be so designated.

• Marginal note:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place described in subsection 24(1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

Marginal note:Powers of inspectors

• 24 (1) An inspector may at any reasonable time enter any place in which he believes on reasonable grounds that there is

  • (a) a motor vehicle of a class for which a fuel consumption standard has been prescribed and that is

    • (i) owned by, or

    • (ii) situated on the premises of

    a company or a consignee of imported motor vehicles,

  • (b) a component of a motor vehicle of a class for which a fuel consumption standard has been prescribed, or

  • (c) any record described in section 21,

  and may

  • (d) examine any motor vehicle, any component of a motor vehicle or any records found in that place,

  • (e) open and examine any package found therein that he believes on reasonable grounds contains any component of a motor vehicle or any records, and

  • (f) require any person to produce for inspection any books, reports, test data, control records, shipping bills, bills of lading or other documents or papers that he believes on reasonable grounds contain any information relevant to the administration or enforcement of this Act, and make copies thereof or extracts therefrom.

• Marginal note:Assistance to inspectors

  (2) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties under this Act, and shall furnish the inspector with any information he may reasonably require with respect to the administration or enforcement of this Act.

Marginal note:Obstruction of inspectors

• 25 (1) No person shall obstruct or hinder an inspector engaged in carrying out his duties under this Act.

• Marginal note:False statements

  (2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties under this Act.

General

Marginal note:Disclosure is not warranty

26 A disclosure relating to fuel consumption that is required to be made by a company under this Act in respect of tests conducted in accordance with this Act does not create an express or implied warranty by anyone that the fuel consumption established by those tests will be achieved under conditions of actual use.

Marginal note:Privileged information

• 27 (1) Except as provided in this section, information obtained by the Minister under this Act or by the Minister of Natural Resources under subsection (2) is privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom it was obtained.

• Marginal note:Certain exceptions

  (2) Information obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act, legal proceedings related thereto or criminal proceedings under an Act of Parliament, and may be communicated, disclosed or made available to the Minister of Natural Resources.

• Marginal note:Minister may disclose certain information

  (3) The Minister may disclose

  • (a) registered fuel consumption numbers or fuel consumption numbers derived therefrom;

  • (b) descriptions of the motor vehicles to which any number referred to in paragraph (a) relates; and

  • (c) the company average fuel consumption of any company.

• Marginal note:Disclosure of other information

  (4) In addition to the right to disclose information described in subsection (3), the Minister may, where in his opinion it is in the public interest and will not unduly impair a company’s competitive position, disclose any information obtained under this Act.

• Marginal note:Notification and opportunity to make representations

  (5) Where the Minister proposes to disclose information pursuant to subsection (4) in a form that identifies or permits the identification of the company to which the information relates, he shall so notify the company and afford it a reasonable opportunity to make representations respecting the effect that the disclosure of the information might have on the company’s competitive position.