Bill C-513: An Act to amend the Motor Vehicle Safety Act and the Department of Transport Act (safety information)

C-513 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-513 An Act to amend the Motor Vehicle Safety Act and the Department of Transport Act (safety information) first reading, April 19, 2010 Mr. Maloway 403070 SUMMARY This enactment amends the Motor Vehicle Safety Act to require manufacturers of motor vehicles and equipment to report specified safety information to the Minister of Transport, to post this information on their website and to send it to all ascertainable owners and lessees of vehicles in Canada. It also requires companies that sell or import vehicles or equipment to report any consumer safety complaints to the manufacturer and the Minister of Transport. In addition, it requires the Minister of Transport to post any safety information that he or she receives from a manufacturer, vendor, importer or owner on the departmental website. This enactment also amends the Department of Transport Act to prohibit a former employee of the Department from accepting employment with a manufacturer or importer of motor vehicles during the one-year period following the termination of their employment with the Department. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-513 An Act to amend the Motor Vehicle Safety Act and the Department of Transport Act (safety information) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1993, c. 16 MOTOR VEHICLE SAFETY ACT 1. Subparagraph 5(1)(g)(ii) of the Motor Vehicle Safety Act is replaced by the following: (ii) facilitating the identification and anal- ysis of any defects that may be related to safety information, as that term is defined in section 10; and 2. Section 10 of the Act and the heading before it are replaced by the following: REPORTING OF SAFETY INFORMATION Definitions 10. (1) The following definitions apply in this section. “equipment”« équipement » “equipment” means equipment of a class for which standards are prescribed. “manufacturer”« fabricant » “manufacturer” means a company that is engaged in the business of manufacturing vehicles or equipment in Canada. “owner”« propriétaire » “owner”, in respect of a vehicle, includes a lessee of the vehicle. “safety information”« renseignements relatifs à la sécurité » “safety information” means, in relation to a manufacturer, (a) a written complaint from a consumer to the manufacturer that relates to the functioning of a vehicle or equipment that it manufactured; (b) a service bulletin issued by the manufacturer in respect of a vehicle or equipment that it manufactured; (c) information regarding the recall of any vehicle or equipment by the manufacturer in Canada or by the manufacturer or any company affiliated with the manufacturer outside of Canada; (d) a safety notice issued outside of Canada that pertains to a vehicle or equipment manufactured by the manufacturer or by any company affiliated with the manufacturer; or (e) information respecting any judicial or quasi-judicial proceedings that have been commenced in a court of law or before a tribunal in or outside Canada against the manufacturer or any company affiliated with the manufacturer in respect of any matter relating to the functioning of a vehicle or equipment. “vehicle”« véhicule » “vehicle” means a vehicle of a class for which standards are prescribed. Duty to report and post safety information (2) Every manufacturer shall, (a) within seven days after producing or receiving any safety information, report it in writing to the Minister; (b) within seven days after producing or receiving any information referred to in paragraphs (b) to (e) of the definition “safety information”, post it in a clearly visible and readily accessible location on its website; (c) within thirty days after producing or receiving any information referred to in paragraphs (b) to (e) of the definition “safety information”, provide the information to each ascertainable owner in Canada of a vehicle or equipment that is manufactured by the manufacturer to which the information pertains (i) by e-mail, if the manufacturer knows the current e-mail address for the owner, or (ii) by regular mail at the last known address of the owner. Duty to report consumer complaint (3) Every company that is engaged in the business of importing or selling vehicles or equipment shall, within seven days after receiving a written complaint relating to the functioning of a vehicle or equipment, report the complaint in writing to the Minister and to the manufacturer of the vehicle or equipment, as the case may be. Duty to post vehicle information (4) Within seven days after receiving a report under paragraph (2)(a) or subsection (3), the Minister shall (a) provide the report to the minister or other officer responsible for motor vehicle administration in each province and territory; and (b) post the information contained in the report, other than any information described in paragraph (a) of the definition “safety information”, in a clearly visible and readily accessible location on the Department of Transport website. Report to Minister (5) The Minister may require a manufacturer to report, in the manner and at the times determined by the Minister, on any action that the manufacturer is taking to address any matters identified by the Minister in relation to safety information provided to the Minister under paragraph (2)(a) or subsection (3). Event data recorder 10.1 Every vehicle manufacturer shall, on request by the Minister or by the owner, make available the information contained in the event data recorder of a vehicle in an easily understood format. 3. Subsection 15(3) of the Act is replaced by the following: 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 any matter relating to the functioning of a vehicle or equipment of a class for which standards are prescribed, and may make copies of or take extracts from any of them. 4. Section 17 of the Act is amended by adding the following after subsection (2): Offence and punishment (2.1) Every officer of a corporation who knowingly contravenes section 10 (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) is guilty of an indictable offence and is liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years, or to both. 5. Section 18 of the Act is amended by adding the following after subsection (1): Exception (1.1) Subsection (1) does not apply in respect of the prosecution of an offence referred to in subsection 17(2.1). R.S., c. T-18 DEPARTMENT OF TRANSPORT ACT 6. The Department of Transport Act is amended by adding the following after section 20: POST-EMPLOYMENT PROHIBITIONS Post-employment prohibitions 21. No former employee of the Department of Transport shall, during the one-year period following the last day on which they were employed by the Department, enter into a contract of service with, accept an appointment to a board of directors of, or accept an offer of employment with, any company that manufactures or imports motor vehicles. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada