Bill S-5

59-60 ELIZABETH II

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CHAPTER 1

An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999

[Assented to 23rd March, 2011]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Ensuring Safe Vehicles Imported from Mexico for Canadians Act.

MOTOR VEHICLE SAFETY ACT

2. The definition “vehicle” in section 2 of the Motor Vehicle Safety Act is replaced by the following:

“vehicle” means any vehicle that belongs to a prescribed class of vehicles.

3. Subsection 7(2) of the Act is replaced by the following:

(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.

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

4. Subsection 155(2) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

(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

6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.