GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Ministries and Ministers of State Act — M-8 6
Tabling 6 (1) An order in council authorizing the issuance of a proclamation under section 2 or 4 shall not be made until the proposed text of the order in council has been laid before the House of Commons by a member of the Queen’s Privy Council for Canada and the making of the order in council has been approved by a resolution of the House of Commons. Opportunity for debate (2) Where the proposed text of an order in council has been laid before the House of Commons pursuant to subsection (1), a motion in the House of Commons proposed by a member of the Queen’s Privy Council for Canada in accordance with the rules of the House, praying that the making of the order in council be approved, shall be debated in the House for not more than seven hours, after which time the question shall be decided in accordance with the rules of the House. R.S., c. 14(2nd Supp.), s. 18
Ministries and Ministers of State Act — M-8 7
Ministers of State for ministries of State 7 (1) Over each ministry of State established pursuant to section 2, a minister of State for that ministry appointed by commission under the Great Seal shall preside. Idem (2) The minister of State for a ministry of State holds office during pleasure and has the management and direction of the ministry. R.S., c. 14(2nd Supp.), s. 19
Ministries and Ministers of State Act — M-8 8
Secretary 8 The Governor in Council may appoint an officer called a Secretary to hold office during pleasure and to be the chief executive officer of a ministry of State. R.S., c. 14(2nd Supp.), s. 20
Ministries and Ministers of State Act — M-8 9
Powers, duties and functions of minister 9 In addition to the powers, duties and functions specified in the proclamation establishing a ministry of State, the powers, duties and functions of the minister for that ministry extend to and include such other matters as are assigned or transferred to the minister or the ministry by or pursuant to any Act of Parliament. R.S., c. 14(2nd Supp.), s. 21
Ministries and Ministers of State Act — M-8 10
Annual report 10 The minister for a ministry of State shall, on or before the 31st day of January next following the end of each fiscal year or, if Parliament is not then sitting, on any of the first five days next thereafter that either House of Parliament is sitting, submit to Parliament a report showing the operations for that fiscal year of the ministry over which he presides. R.S., c. 14(2nd Supp.), s. 22
Ministries and Ministers of State Act — M-8 11
Appointment 11 (1) A minister of State appointed by commission under the Great Seal, other than a minister who presides over a ministry of State, may be assigned by the Governor in Council to assist any minister or ministers having responsibilities for any department or other portion of the federal public administration in the carrying out of those responsibilities. Powers, duties and functions (2) A minister of State referred to in subsection (1) shall exercise or perform such of the powers, duties or functions of any minister or ministers having responsibilities for any department or other portion of the federal public administration as may be assigned or transferred to him pursuant to any Act of Parliament. R.S., 1985, c. M-8, s. 11; 2003, c. 22, s. 224(E)
Ministries and Ministers of State Act — M-8 12
Services and facilities 12 A minister of State referred to in section 11, in providing the assistance or in exercising or performing the powers, duties or functions mentioned therein, shall make use of the services and facilities of the department or portion of the federal public administration concerned. R.S., 1985, c. M-8, s. 12; 2003, c. 22, s. 224(E)
Motor Vehicle Fuel Consumption Standards Act — M-9 1
Short title 1 This Act may be cited as the Motor Vehicle Fuel Consumption Standards Act . 1980-81-82-83, c. 113, s. 1
Motor Vehicle Fuel Consumption Standards Act — M-9 2
Definitions 2 In this Act, company means a person (a) engaged in the business of manufacturing motor vehicles in Canada, (b) engaged in the business of importing motor vehicles into Canada, or (c) engaged in the business of selling to other persons, principally for the purpose of resale, motor vehicles obtained directly from a person described in paragraph (a) or his agent; ( compagnie ) company average fuel consumption means, in relation to a given company, the average fuel consumption of all motor vehicles of a prescribed class, calculated in accordance with section 10; ( moyenne de consommation de carburant d’une compagnie ) fuel means gasoline, diesel oil or any other combustible matter and includes any other prescribed form of energy; ( carburant ) fuel consumption means the quantity of fuel used by a motor vehicle when driven a given distance; ( consommation de carburant ) fuel consumption number means a number that represents the fuel consumption of a motor vehicle under controlled test conditions; ( cote de consommation de carburant ) fuel consumption standard means a standard prescribed pursuant to section 3; ( norme de consommation de carburant ) inspector means a person designated as an inspector pursuant to subsection 23(1); ( inspecteur ) Minister means the Minister of Transport; ( ministre ) motor vehicle means any vehicle designed to be driven or drawn on roads by any means other than exclusively by muscular power, and includes pedal cycles with auxiliary motors, minibikes and motorized snow vehicles, but does not include any vehicle designed for running exclusively on rails; ( véhicule automobile ) prescribed means prescribed by regulation; ( Version anglaise seulement ) year means a calendar year. ( année ) 1980-81-82-83, c. 113, s. 2
Motor Vehicle Fuel Consumption Standards Act — M-9 (a)
company means a person (a) engaged in the business of manufacturing motor vehicles in Canada, (b) engaged in the business of importing motor vehicles into Canada, or (c) engaged in the business of selling to other persons, principally for the purpose of resale, motor vehicles obtained directly from a person described in paragraph (a) or his agent; ( compagnie )
Motor Vehicle Fuel Consumption Standards Act — M-9
company average fuel consumption means, in relation to a given company, the average fuel consumption of all motor vehicles of a prescribed class, calculated in accordance with section 10; ( moyenne de consommation de carburant d’une compagnie )
Motor Vehicle Fuel Consumption Standards Act — M-9
fuel means gasoline, diesel oil or any other combustible matter and includes any other prescribed form of energy; ( carburant )
Motor Vehicle Fuel Consumption Standards Act — M-9
fuel consumption means the quantity of fuel used by a motor vehicle when driven a given distance; ( consommation de carburant )
Motor Vehicle Fuel Consumption Standards Act — M-9
fuel consumption number means a number that represents the fuel consumption of a motor vehicle under controlled test conditions; ( cote de consommation de carburant )
Motor Vehicle Fuel Consumption Standards Act — M-9
fuel consumption standard means a standard prescribed pursuant to section 3; ( norme de consommation de carburant )
Motor Vehicle Fuel Consumption Standards Act — M-9
inspector means a person designated as an inspector pursuant to subsection 23(1); ( inspecteur )
Motor Vehicle Fuel Consumption Standards Act — M-9
Minister means the Minister of Transport; ( ministre )
Motor Vehicle Fuel Consumption Standards Act — M-9
motor vehicle means any vehicle designed to be driven or drawn on roads by any means other than exclusively by muscular power, and includes pedal cycles with auxiliary motors, minibikes and motorized snow vehicles, but does not include any vehicle designed for running exclusively on rails; ( véhicule automobile )
Motor Vehicle Fuel Consumption Standards Act — M-9
prescribed means prescribed by regulation; ( Version anglaise seulement )
Motor Vehicle Fuel Consumption Standards Act — M-9 3
Fuel consumption standards 3 The Governor in Council may, on the recommendation of the Minister and the Minister of Natural Resources, make regulations prescribing, for the purposes of section 11, a fuel consumption standard for any prescribed class of motor vehicle for any year. R.S., 1985, c. M-9, s. 3; 1994, c. 41, s. 37
Motor Vehicle Fuel Consumption Standards Act — M-9 4
Publication of proposed regulations 4 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 3 or 37 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to companies and other interested persons to make representations to the Minister with respect thereto. Exceptions (2) Subsection (1) does not apply in respect of a proposed regulation that (a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or (b) makes no substantive change to an existing regulation. 1980-81-82-83, c. 113, s. 4
Motor Vehicle Fuel Consumption Standards Act — M-9 5
Validity of fuel consumption standard 5 A fuel consumption standard prescribed under section 3 for a particular year is not valid unless one of the following conditions is met: (a) the fuel consumption standard has been published in the Canada Gazette before the end of the third year preceding that year; (b) the fuel consumption standard is no more stringent than the fuel consumption standard applicable to the preceding year; or (c) no objections by a company were received by the Minister during the ninety day period following publication of the proposed fuel consumption standard under subsection 4(1). 1980-81-82-83, c. 113, s. 5
Motor Vehicle Fuel Consumption Standards Act — M-9 6
Interprovincial trade and imports 6 (1) No company shall, for the purpose of sale, (a) ship a motor vehicle of a prescribed class from the province in which it was manufactured to another province, or (b) import into Canada a motor vehicle of a prescribed class 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, and (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. Saving provision (2) No contravention of subsection (1) shall be deemed to be committed by a company if the requirements of paragraphs (1)(c) to (e) are met before the motor vehicle leaves the possession of that company or its consignee. 1980-81-82-83, c. 113, s. 6
Motor Vehicle Fuel Consumption Standards Act — M-9 7
Application for registration 7 (1) Where a company has established a fuel consumption number in accordance with the prescribed procedure, it may submit an application to the Minister, in prescribed form and containing the prescribed information, requesting registration of that fuel consumption number in respect of the motor vehicles described in the application. Prescribed procedure must be used (2) A company shall not submit an application under subsection (1) where the fuel consumption number was not established in accordance with the prescribed procedure. Minister to register fuel consumption number (3) Where the Minister receives a duly completed application under subsection (1), he shall forthwith register the fuel consumption number set out in the application. 1980-81-82-83, c. 113, s. 7
Motor Vehicle Fuel Consumption Standards Act — M-9 8
Prohibition orders re advertising 8 (1) The Minister may, by order, prohibit the use by any company of (a) a registered fuel consumption number, and (b) fuel consumption information related to that registered fuel consumption number in advertising or other representations to the public relating to a motor vehicle if the Minister has reasonable grounds to believe (c) that the motor vehicle is not, 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, (d) that the application for registration of the fuel consumption number contained false or misleading information, or (e) that the fuel consumption number was not established in accordance with the prescribed procedure, and that, as a result, the registered fuel consumption number does not correctly represent the fuel consumption of that motor vehicle. When order takes effect (2) An order under subsection (1) takes effect sixty days after the order is made or on such later date as is fixed by the order. Revised fuel consumption number (3) Where the Minister has made an order under subsection (1), the company that had obtained that registered fuel consumption number under section 7 may apply to the Minister for registration of a revised fuel consumption number, and subsections 7(1) and (2) apply to such an application. Minister’s discretion (4) Where a company applies under subsection (3) for registration of a revised fuel consumption number, the Minister is not required to register that number if he has reasonable grounds to believe that it does not correctly represent the fuel consumption of the motor vehicle. Where order deemed not to be contravened (5) In any prosecution under paragraph 30(1)(b) for contravention of an order made under subsection (1), a company shall be deemed not to have contravened the order if it establishes that it took all reasonable measures (a) to withdraw the offending advertising or representations; and (b) to substitute new advertising or representations, with similar distribution, using a registered revised fuel consumption number obtained pursuant to this section. 1980-81-82-83, c. 113, s. 8
Motor Vehicle Fuel Consumption Standards Act — M-9 9
Company’s annual report to Minister 9 (1) Every company shall, before the prescribed time, submit to the Minister a report with respect to each year, in prescribed form, setting out, by registered fuel consumption number, with respect to all motor vehicles to which registered fuel consumption numbers apply, the aggregate of (a) the number of those motor vehicles that it has manufactured in Canada in that year for the purpose of sale in a province other than the province of manufacture, (b) the number of those motor vehicles that it has imported into Canada in that year for the purpose of sale in Canada, and (c) in accordance with subsection 19(2), the number of those motor vehicles that it has manufactured in Canada in that year for the purpose of sale in Canada, other than motor vehicles described in paragraph (a), and to which has been applied a national fuel consumption mark described in section 17. Year of manufacture or importation of motor vehicle (2) For the purposes of subsection (1), a motor vehicle shall be deemed to have been manufactured or imported either in the year in which it was in fact manufactured or imported, as the case may be, or in the following year, at the option of the company. 1980-81-82-83, c. 113, s. 9
Motor Vehicle Fuel Consumption Standards Act — M-9 10
Calculation of company average fuel consumption 10 For each prescribed class of motor vehicle, the Minister shall calculate for each year, in litres per one hundred kilometres, according to the prescribed method of calculation, the company average fuel consumption for each company, based on (a) the information contained in the annual report submitted by the company pursuant to section 9; and (b) prescribed equivalence factors, in the case of motor vehicles that use fuels other than the prescribed reference gasoline. 1980-81-82-83, c. 113, s. 10
Motor Vehicle Fuel Consumption Standards Act — M-9 11
Company average fuel consumption not to exceed fuel consumption standard 11 (1) A company that (a) ships motor vehicles of a prescribed class from the province in which they were manufactured to another province, (b) imports into Canada motor vehicles of a prescribed class, (c) applies to motor vehicles of a prescribed class any national fuel consumption mark, or (d) sells, offers for sale, has in possession for sale or delivers for sale motor vehicles of a prescribed class to which has been applied any national fuel consumption mark shall ensure that, for that class of motor vehicle, its company average fuel consumption for any particular year does not exceed the fuel consumption standard for that year. Penalty where company exceeds fuel consumption standard (2) Subject to section 16, where, for any year, for a particular prescribed class of motor vehicle, the company average fuel consumption of a company exceeds the fuel consumption standard, the Minister shall issue an assessment against that company imposing, subject to subsection (3), a penalty equal to the product obtained by multiplying (a) one dollar for every one-hundredth of a litre per one hundred kilometres by which the company average fuel consumption exceeds the fuel consumption standard by (b) the aggregate number of motor vehicles set out in the report submitted pursuant to section 9. Credits will reduce penalty (3) The penalty calculated under subsection (2) shall be reduced by an amount equal to the product obtained by multiplying (a) one dollar for every one-hundredth of a litre per one hundred kilometres by which the company average fuel consumption for the same prescribed class of motor vehicle is lower than the fuel consumption standard by (b) the aggregate number of motor vehicles set out in the report submitted pursuant to section 9 in respect of (c) any or all of the three years preceding the year for which the penalty is imposed, and (d) the year immediately following the year for which the penalty is imposed. A credit usable only once (4) An amount used under subsection (3) to reduce a penalty is not available to reduce a subsequent penalty. 1980-81-82-83, c. 113, s. 11
Motor Vehicle Fuel Consumption Standards Act — M-9 12
When penalty payable 12 A penalty imposed under section 11 is payable to the Receiver General one year after the notice of assessment has been served on the company under subsection 13(1). 1980-81-82-83, c. 113, s. 12
Motor Vehicle Fuel Consumption Standards Act — M-9 13
Notice of assessment 13 (1) Where the Minister issues an assessment against a company under section 11, he shall forthwith serve a notice of the assessment on the company and cause notice of the assessment to be published in the Canada Gazette . Objection to assessment (2) A company that objects to an assessment under section 11 may, within thirty days from the day on which it is served with the notice of assessment, serve on the Minister a notice of objection, in prescribed form, setting out the reasons for objecting to the assessment. Reconsideration of assessment (3) On receipt of a notice of objection under subsection (2), the Minister shall forthwith (a) reconsider the assessment objected to; (b) confirm, cancel or vary the assessment; and (c) serve a copy of his decision on the company. Considerations (4) The Minister’s decision under subsection (3) to confirm, cancel or vary an assessment shall be based solely on the following criteria: (a) whether the information on which the original assessment was based was correct; and (b) whether this Act and the regulations were correctly applied to that information. Methods of service (5) Documents required to be served under this section may be served personally or by registered mail, and, if served by registered mail, shall be deemed to have been served on the day of actual receipt. 1980-81-82-83, c. 113, s. 13
Motor Vehicle Fuel Consumption Standards Act — M-9 14
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. 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 . 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). R.S., 1985, c. M-9, s. 14; 2002, c. 8, ss. 182, 183
Motor Vehicle Fuel Consumption Standards Act — M-9 15
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. 1980-81-82-83, c. 113, s. 15
Motor Vehicle Fuel Consumption Standards Act — M-9 17
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. R.S., 1985, c. M-9, s. 17 2014, c. 20, s. 366(E)
Motor Vehicle Fuel Consumption Standards Act — M-9 18
Prohibition 18 No person shall use any national fuel consumption mark except in accordance with section 19 and the regulations thereunder. 1980-81-82-83, c. 113, s. 18
Motor Vehicle Fuel Consumption Standards Act — M-9 19
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. 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. 1980-81-82-83, c. 113, s. 19
Motor Vehicle Fuel Consumption Standards Act — M-9 20
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. 1980-81-82-83, c. 113, s. 20