Bill C-522
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C-522
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-522
An Act to amend the Criminal Code and respecting the Motor Vehicle Safety Regulations (student transport)
first reading, May 27, 2010
Mr. Godin
403079
SUMMARY
This enactment amends the Criminal Code to make it an offence to transport students in a motor vehicle with a designated seating capacity of more than 10 and fewer than 17 persons unless the motor vehicle conforms to certain standards or is prescribed by regulation. This amendment is intended to prohibit the transportation of students in vehicles commonly known as 15-passenger vans.
This enactment also requires the Governor in Council to make certain amendments to the Motor Vehicle Safety Regulations to limit the sale, importation and inter-provincial shipment of 15-passenger vans that are configured to transport more than one passenger.
Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-522
An Act to amend the Criminal Code and respecting the Motor Vehicle Safety Regulations (student transport)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. The Criminal Code is amended by adding the following after section 249.4:
Definitions
249.5 (1) The following definitions apply in this section.
“designated seating capacity”
« nombre désigné de places assises »
« nombre désigné de places assises »
“designated seating capacity” has the same meaning as in subsection 2(1) of the Motor Vehicle Safety Regulations.
“officer”
« responsable »
« responsable »
“officer” means, in relation to a school, a person who has the authority to direct how an employee of the school or other person acting on behalf of the school carries out any functions related to the transportation of the students of the school.
“prescribed”
« Version anglaise seulement »
« Version anglaise seulement »
“prescribed” means prescribed by regulation.
“school”
« école »
« école »
“school” means a child care facility, preschool, elementary school or secondary school.
“student”
« élève »
« élève »
“student” means a person enrolled in a school.
“vehicle”
« véhicule »
« véhicule »
“vehicle” has the same meaning as in section 2 of the Motor Vehicle Safety Act.
Prohibition
(2) No officer of a school shall transport or arrange for the transportation of a student, or allow any employee or other person acting on behalf of the school to transport or to arrange for the transportation of a student, to or from the school or to or from a school-related extra-curricular activity in a vehicle with a designated seating capacity of more than 10 and fewer than 17 persons unless it is a prescribed vehicle or conforms with CAN/CSA standard D270-08, entitled “Multi-functional activity buses”, as amended from time to time, or CAN/CSA standard D250-07, entitled “School buses”, as amended from time to time.
Exception
(3) Subsection (2) does not apply to the transportation of students with physical disabilities in a vehicle specifically designed, manufactured or adapted for the purpose of transporting persons with physical disabilities.
Offence
(4) Every person who contravenes subsection (2) is guilty of an offence punishable on summary conviction.
Regulations
(5) The Governor in Council may make regulations to carry out the purposes and provisions of this section.
C.R.C., c. 1038
MOTOR VEHICLE SAFETY REGULATIONS
15-passenger van
2. (1) In this section, “15-passenger van” means a Ford Econo Club E-350, Dodge B350, Dodge B3500, Chevrolet Express 3500, Chevrolet Sportvan 1T, Dodge Maxivan B300, GMC Savana 3500, GMC Rally 1T or any other similar vehicle prescribed by the Governor in Council by regulation.
Amendment to Regulations
(2) Within 60 days after this Act comes into force, the Governor in Council shall amend the Motor Vehicle Safety Regulations to include the following prohibitions in respect of 15-passenger vans that are equipped with one or more passenger seats in addition to the passenger seat located next to the driver’s seat:
(a) a prohibition against the importation of any such van;
(b) a prohibition against the affixing of a national safety mark to any such van; and
(c) a prohibition against the sale of any such van with a national safety mark affixed to it.
Published under authority of the Speaker of the House of Commons
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