Motor Vehicle Fuel Consumption Standards Act — M-9 36
Company to give notice of defects affecting fuel consumption 36 (1) Where a company has been convicted of an offence for contravening section 6 or subsection 19(1) on the basis of paragraph 6(1)(e) or 19(1)(e), as the case may be, and the convicting court is of the opinion that the dissimilarity was in the nature of a defect the result of which is that the registered fuel consumption number does not correctly represent the fuel consumption of that motor vehicle, the court may order the company to give notice forthwith, in the prescribed manner, containing a statement of the means to be taken to correct the defect at the company’s expense, to (a) the person who has obtained that motor vehicle from the company for the purpose of sale or resale; (b) the current owner of that motor vehicle as determined (i) from any warranty by the manufacturer, distributor or importer of that motor vehicle with respect to the functioning of that motor vehicle that has, to the company’s knowledge, been given, sold or transferred to the current owner, or (ii) from provincial motor vehicle registration records; and (c) the Minister. Company to correct defects at its own expense (2) Where the court makes an order against a company under subsection (1), the company shall, forthwith after giving notice pursuant to that order, correct the defect at its own expense in respect of motor vehicles described in the order (a) in accordance with its usual warranty procedures; or (b) in such manner as the Minister may direct. Two year limitation (3) A company’s obligation under subsection (2) does not extend to a motor vehicle presented to the company for correction of the defect more than two years after the company gave notice in respect of that motor vehicle pursuant to the court order made under subsection (1). Notice by publication in newspapers (4) Where it is made to appear to the satisfaction of the Minister that the name of the current owner of a motor vehicle cannot reasonably be determined in the manner provided under paragraph (1)(b), (a) the Minister may order notice to be given by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the six regions of Canada, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia, and the three territories, or by an alternative medium for any period that the Minister deems expedient, and the notice is deemed to be notice given in the manner prescribed for the purpose of subsection (1); or (b) the Minister may, in his discretion, order that the current owner need not be notified and that the obligation to notify the current owner of any defect under subsection (1) has been discharged. Quarterly reports to be submitted (5) Every company that gives a notice mentioned in subsection (1) to the Minister shall submit to the Minister, in the prescribed form and manner, quarterly reports containing prescribed information relating to the defect. Idem (6) Unless the Minister otherwise directs, the quarterly reports referred to in subsection (5) shall be submitted to the Minister for a period of two years from the date of the notice mentioned in subsection (1). R.S., 1985, c. M-9, s. 36; 1993, c. 28, s. 78; 2002, c. 7, s. 208