GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Motor Vehicle Safety Act — M-10.01 15.1
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. 2018, c. 2, s. 14
Motor Vehicle Safety Act — M-10.01 16
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. 1993, c. 16, s. 16; 2018, c. 2, s. 14
Motor Vehicle Safety Act — M-10.01 16.01
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. 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. 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. 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. 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. 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. 2018, c. 2, s. 14
Motor Vehicle Safety Act — M-10.01 16.1
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 (i) $4,000, in the case of an individual, and (ii) $200,000, in the case of a corporation or company; (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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.11
Designation of enforcement officers 16.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers. 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. 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 (a) any vehicle or equipment of a class for which standards are prescribed; (b) any component that is used or intended to be used in the manufacture of a vehicle or equipment for which safety standards are prescribed; or (c) any record that is referred to in paragraph 5 (1)(g). 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. 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. 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). 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. 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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.12
Notices of violation 16.12 The Minister may establish the form and content of notices of violation. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.13
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). Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish. 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. 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. 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. Due diligence available (6) Due diligence is a defence in a proceeding in respect of a violation. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.14
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.15
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.16
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.17
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.18
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. 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. 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. Burden of proof (4) The Minister has the burden of establishing on a balance of probabilities that a person has committed a violation. 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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.19
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.2
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. 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. 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. 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. 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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.21
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). 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.22
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. 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). 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 . 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.23
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.24
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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 16.25
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. 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. 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. 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. 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. 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. Determination (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. 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. 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. 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. 2018, c. 2, s. 15
Motor Vehicle Safety Act — M-10.01 17
Offence and punishment 17 (1) Every corporation or company that contravenes this Act, the regulations or an order (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or (b) is guilty of an indictable offence and is liable to a fine of not more than $2 million. Offence and punishment (2) Every individual who contravenes this Act, the regulations or an order (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or (b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both. Continuing offence (2.1) An offence that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. 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. Due diligence defence (4) In a prosecution for a contravention of section 16, a person is not to be found guilty of an offence under subsection (1) or (2) if they establish that they exercised all due diligence to prevent the commission of the offence. 1993, c. 16, s. 17; 2011, c. 24, s. 186; 2014, c. 20, s. 227; 2018, c. 2, s. 16
Motor Vehicle Safety Act — M-10.01 18
Offence by employee or agent 18 (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 the 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.
Motor Vehicle Safety Act — M-10.01 19
Evidence 19 (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.
Motor Vehicle Safety Act — M-10.01 19.1
Forfeiture — conviction for offence 19.1 (1) If a person is convicted of an offence under this Act, the court may order that a seized vehicle, equipment or component by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada. Disposal (2) A seized vehicle, equipment or component that is forfeited may be stored and disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure. 2018, c. 2, s. 17
Motor Vehicle Safety Act — M-10.01 19.2
Forfeiture — on consent 19.2 If the owner of a seized vehicle, equipment or component consents to its forfeiture, the seized vehicle, equipment or component is forfeited to Her Majesty in right of Canada and may be stored and disposed of at the owner’s expense. 2018, c. 2, s. 17
Motor Vehicle Safety Act — M-10.01 20
Powers of Minister 20 (1) The Minister may (a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act; (b) undertake research and development programs for the study of the impact of vehicles, drivers of vehicles, and streets and highways on road safety, energy conservation and the environment and for the promotion of measures to control that impact; (c) establish and operate facilities for the testing of vehicles, equipment and components, and acquire test equipment for that purpose; (d) make the facilities referred to in paragraph (c) and all related materials, parts and services available to any person; (e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and (f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section. Personal information (1.1) For the purposes of paragraphs (1)(a), (b) and (e), the Minister may collect personal information, as defined in section 3 of the Privacy Act , including personal information from third parties. 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. 1993, c. 16, s. 20; 2014, c. 20, s. 229
Motor Vehicle Safety Act — M-10.01 Coming into force
Coming into force * 24 This Act shall come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force April 12, 1995, see SI/95-40.]
Motor Vehicle Safety Act — M-10.01 2
2 Equipment for use in the restraint of children and disabled persons
Motor Vehicle Safety Act — M-10.01 4
4 Section 5 of the Act is amended by adding the following after subsection (1): Compliance by companies of prescribed class (2) No company of a prescribed class 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 the company acquires and maintains, as provided for in the regulations and in relation to a vehicle or equipment that is substantially similar to that vehicle or equipment, records related to prescribed subject matters. Regulations (2.1) The Governor in Council may make regulations defining, for the purposes of subsection (2), any term used in it.
Motor Vehicle Transport Act — M-12.01 1
Short title 1 This Act may be cited as the Motor Vehicle Transport Act . R.S., 1985, c. 29 (3rd Supp.), s. 1; 2001, c. 13, s. 1