Bill S-5
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S-5
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
SENATE OF CANADA
BILL S-5
An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999
first reading, April 14, 2010
THE LEADER OF THE GOVERNMENT IN THE SENATE
90524
SUMMARY
This enactment amends the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999 to allow, subject to certain conditions, the importation of certain used vehicles from Mexico in order for Canada to meet its free trade obligations.
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
senate of canada
BILL S-5
An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Ensuring Safe Vehicles Imported from Mexico for Canadians Act.
1993, c. 16
MOTOR VEHICLE SAFETY ACT
2. The definition “vehicle” in section 2 of the Motor Vehicle Safety Act is replaced by the following:
“vehicle”
« véhicule »
« véhicule »
“vehicle” means any vehicle that belongs to a prescribed class of vehicles.
3. Subsection 7(2) of the Act is replaced by the following:
Vehicle from United States or Mexico
(2) Despite sections 5 and 6, a vehicle that has been sold at the retail level in the United States, or that is a prescribed vehicle from Mexico, and that fails to satisfy an applicable requirement of those sections may be imported into Canada if the vehicle satisfies the conditions specified in the regulations, if any, and if the person importing the vehicle makes a declaration in the prescribed form and manner that,
(a) within the prescribed period, the vehicle will be made to conform to that requirement and will be inspected in accordance with the regulations; and
(b) before the vehicle is presented for licensing under the laws of a province, the vehicle will be certified in accordance with the regulations to so conform by any person who is designated by the regulations.
1999, c. 33
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
4. Subsection 155(2) of the Canadian Environmental Protection Act, 1999 is replaced by the following:
Vehicle from United States or Mexico
(2) Sections 153 and 154 do not apply in respect of the importation of a vehicle that has been sold at the retail level in the United States, or that is a prescribed vehicle from Mexico, if the vehicle satisfies the conditions specified in the regulations, if any, and if the person importing it makes a declaration in the prescribed form and manner that,
(a) within the prescribed period, the applicable requirements of those sections will be met and, if required by the regulations, the vehicle will be inspected in accordance with them; and
(b) before the vehicle is presented for licensing under the laws of a province or an aboriginal government, the vehicle will be certified, in accordance with the regulations, as conforming to the applicable requirements of those sections.
5. Subsection 160(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after that paragraph:
(g.1) respecting inspection and certification referred to in subsection 155(2) and, in particular, designating any person who is authorized to inspect or certify vehicles; and
COMING INTO FORCE
Order in council
6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Senate of Canada
Available from:
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Available from:
Publishing and Depository Services
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Explanatory Notes
Motor Vehicle Safety Act
Clause 2: Existing text of the definition:
“vehicle” means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails.
Clause 3: Existing text of subsection 7(2):
(2) Except as otherwise provided by the regulations, a vehicle that has been sold at the retail level in the United States and that fails to satisfy an applicable requirement of section 5 or 6 may be imported into Canada notwithstanding that section if the person importing the vehicle makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province, the vehicle
(a) will be made to conform to that requirement; and
(b) will be certified in the prescribed form and manner to so conform by such person as may be designated by the regulations.
Canadian Environmental Protection Act, 1999
Clause 4: Existing text of subsection 155(2):
(2) Except as otherwise provided by the regulations, sections 153 and 154 do not apply in respect of the importation of a vehicle that has been sold at the retail level in the United States if the person importing it makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province or an aboriginal government,
(a) those requirements will be met; and
(b) the vehicle will be certified, in accordance with the regulations, as conforming.
Clause 5: Relevant portion of subsection 160(1):
160. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division, including regulations