Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
222. The Act is amended by adding the following after section 10:
Marginal note:Notice of non-compliance
10.1 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to
(a) the Minister, on becoming aware of the non-compliance; and
(b) the current owner and any other prescribed person, within the period provided for in the regulations.
Marginal note:Notice already given
(2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment.
Marginal note:Exception
(3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b).
Marginal note:Subsequent notice
(4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things,
(a) the nature of the non-compliance;
(b) the safety risk arising from it; and
(c) the total number of vehicles or equipment affected.
Marginal note:Unknown owner
(5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company
(a) the company shall give notice in any other manner that is acceptable to the Minister; or
(b) the Minister may exempt the company from the requirement to give notice to the current owner.
Marginal note:Particulars to provincial authorities
(6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province.
Marginal note:Power to order
(7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified by the Minister, if the Minister considers that it is in the interest of safety.
Marginal note:Statutory Instruments Act
(8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7).
Marginal note:Follow-up reports
10.2 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations.
Marginal note:Make information available
10.3 A company that gives notice to the Minister in respect of a vehicle shall, as provided for in regulations, make information available for the vehicle in respect of which the notice was given.
223. (1) Subsection 11(1) of the Act is replaced by the following:
Marginal note:Regulations
11. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations
(a) respecting the keeping of records and the provision of information to the Minister; and
(b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.
(2) Subsections 11(3) and (4) of the Act are replaced by the following:
Marginal note:Incorporation by reference
(3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date,
(a) a document produced by a person or body other than the Minister; or
(b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.
224. Section 12 of the Act is replaced by the following:
Definition of “technical standards document”
12. (1) In this section, “technical standards document” means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material.
Marginal note:Incorporation of document
(2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date.
Marginal note:No registration or publication
(3) For greater certainty, a technical standards document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.
Marginal note:For greater certainty
12.1 For greater certainty, subsections 11(3) and 12(2) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
225. Section 14 of the Act is amended by adding the following after subsection (2):
Marginal note:Testimony — civil suits
(3) An inspector may not be compelled to give testimony in any civil suit, with regard to information obtained by them in the discharge of their duties, without the Minister’s written permission.
226. Paragraph 15(1)(a) of the Act is replaced by the following:
(a) any vehicle or equipment of a class for which standards have been prescribed that is owned by, or is on the premises of, a company or a consignee of imported vehicles or imported equipment;
Marginal note:2011, c. 24, s. 186
227. Subsections 17(1) and (2) of the Act are replaced by the following:
Marginal note:Offence and punishment
17. (1) Every corporation or company that contravenes this Act, the regulations or an order
(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or
(b) is guilty of an indictable offence and is liable to a fine of not more than $2 million.
Marginal note:Offence and punishment
(2) Every individual who contravenes this Act, the regulations or an order
(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or
(b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both.
228. The heading before section 20 of the Act is replaced by the following:
RESEARCH, ANALYSIS, TESTING AND FEES
229. (1) Paragraph 20(1)(a) of the Act is replaced by the following:
(a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;
(2) Subsection 20(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and
(f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.
(3) Section 20 of the Act is amended by adding the following after subsection (1):
Marginal note:Personal information
(1.1) For the purposes of paragraphs (1)(a), (b) and (e), the Minister may collect personal information, as defined in section 3 of the Privacy Act, including personal information from third parties.
230. Schedule II to the Act is repealed.
R.S., c. 32 (4th Supp.)Railway Safety Act
Marginal note:2012, c. 19, s. 485
231. Section 50 of the Railway Safety Act and the heading before it are repealed.
1992, c. 34Transportation of Dangerous Goods Act, 1992
Marginal note:2009, c. 9, ss. 29(1) and (2)(F)
232. Subsections 30(1) and (2) of the Transportation of Dangerous Goods Act, 1992 are repealed.
2011, c. 1Ensuring Safe Vehicles Imported From Mexico For Canadians Act
233. Sections 2 and 3 of the Ensuring Safe Vehicles Imported from Mexico for Canadians Act are repealed.
2012, c. 24Safe Food for Canadians Act
234. (1) Subsection 51(1) of the Safe Food for Canadians Act is amended by adding the following after paragraph (e):
(e.1) respecting or prohibiting the purchasing or receiving of any fresh fruit or vegetable that is imported or that is sent or conveyed from one province to another;
(2) Section 51 of the Act is amended by adding the following after subsection (2):
Marginal note:Paragraphs (1)(d) to (e.1)
(2.1) Regulations made under paragraph (1)(d), (e) or (e.1) in respect of any fresh fruit or vegetable may, among other things, require a person to be a member of an entity or organization specified in the regulations.
235. The headings before section 60 and sections 60 to 67 of the Act are repealed.
236. Section 86 of the Act is replaced by the following:
Marginal note:1990, c. 8, s. 8
86. (1) Paragraph 28(1)(a) of the Federal Courts Act is repealed.
Marginal note:1990, c. 8, s. 8
(2) Paragraph 28(1)(b) of the Act is replaced by the following:
(b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;
Coordinating Amendments
Marginal note:2012, c. 24
237. (1) In this section, “other Act” means the Safe Food for Canadians Act.
(2) If section 86 of the other Act comes into force before section 236 of this Act, then on the day on which that section 236 comes into force, paragraph 28(1)(a) of the Federal Courts Act is repealed.
(3) If section 236 of this Act comes into force on the same day as section 86 of the other Act, then that section 236 is deemed to have come into force before that section 86.
Coming into Force
Marginal note:Order in council
238. Section 213, subsections 217(1), (3), (4) and (6) and sections 220 to 222 and 230 come into force on a day or days to be fixed by order of the Governor in Council.
Division 161993, c. 38Telecommunications Act
Amendments to the Act
239. (1) Subsection 27(3) of the Telecommunications Act is replaced by the following:
Marginal note:Questions of fact
(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25, 27.1 or 29, or with any decision made under section 24, 25, 29, 34 or 40.
(2) Subsection 27(3) of the Act is replaced by the following:
Marginal note:Questions of fact
(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40.
240. (1) The Act is amended by adding the following after section 27:
Roaming
Marginal note:Roaming cap — wireless voice calls
27.1 (1) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of all domestic wireless voice calls and the domestic portion of all international wireless voice calls shall not exceed the amount determined by the formula
A/B
where
- A
- is the first Canadian carrier’s total retail revenues from the provision of wireless voice call services to its Canadian subscribers, for calls both originating and terminating in Canada, for the preceding year; and
- B
- is the number of minutes provided for those calls for the preceding year.
Marginal note:Roaming cap — wireless data
(2) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of wireless data in Canada shall not exceed the amount determined by the formula
A/B
where
- A
- is the first Canadian carrier’s total retail revenues from the provision of wireless data services in Canada to its Canadian subscribers for the preceding year; and
- B
- is the number of megabytes provided for those data services for the preceding year.
Marginal note:Roaming cap — text messages
(3) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of all domestic wireless text messages and the domestic portion of all international wireless text messages shall not exceed the amount determined by the formula
A/B
where
- A
- is the first Canadian carrier’s total retail revenues from the provision of wireless text message services to its Canadian subscribers, for text messages both originating and terminating in Canada, for the preceding year; and
- B
- is the number of those text messages for the preceding year.
Marginal note:No additional charge
(4) The Canadian carrier shall not charge the second Canadian carrier any other amount in relation to the provision of the roaming services referred to in subsections (1) to (3).
Marginal note:Inconsistency
(5) The amount established by the Commission that a Canadian carrier can charge to a second Canadian carrier for roaming services prevails over an amount determined under any of subsections (1) to (3) to the extent of any inconsistency.
(2) Section 27.1 of the Act is repealed.
Coming into Force
Marginal note:Order in council
241. Subsections 239(2) and 240(2) come into force on a day to be fixed by order of the Governor in Council.
Division 17Sickness Benefits
R.S., c. L-2Canada Labour Code
Marginal note:2003, c. 15, s. 27
242. Subsection 206.3(6) of the Canada Labour Code is repealed.
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