Order Fixing the Day After the Day on Which this Order is Made as the Day on Which Certain Provisions of that Act Come into Force: SI/2020-14
Canada Gazette, Part II, Volume 154, Number 4
Registration
SI/2020-14 February 19, 2020
ECONOMIC ACTION PLAN 2014 ACT, NO. 1
Order Fixing the Day After the Day on Which this Order is Made as the Day on Which Certain Provisions of that Act Come into Force
P.C. 2020-25 February 3, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 238 of the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014, fixes the day after the day on which this Order is made as the day on which section 213, subsections 217(1), (3), (4) and (6) and section 230 of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
The Motor Vehicle Safety Act (MVSA) was amended by Parliament by the adoption of Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, referred to in this coming-into-force Order by its short title, the Economic Action Plan 2014 Act, No. 1. Bill C-31 received royal assent on June 19, 2014.
The purpose of this Order is to bring into force section 213, subsections 217(1), (3), (4) and (6) and section 230 of the Economic Action Plan 2014 Act, No. 1, which respectively amend sections 2 and 7 and repeal Schedule II of the MVSA.
Objective
The objective of the amendments to the MVSA resulting from the coming into force of section 213, subsections 217(1), (3), (4) and (6) and section 230 of the Economic Action Plan 2014 Act, No. 1 is to reduce barriers to the importation of certain motor vehicles into Canada from Mexico and the United States.
More specifically, amendments to subsection 7(2) of the MVSA permit the importation of prescribed used vehicles from Mexico into Canada that do not comply with the vehicle requirements referred to in sections 5 and 6 of the MVSA, on the condition that they meet certain regulatory requirements and, before they are registered under the laws of a province, that they are brought into conformity with other specific Canadian safety regulatory requirements and certified by the Registrar of Imported Vehicles. The new subsection 7(2.1) of the MVSA will allow, under certain conditions, vehicles from the United States or Mexico to be imported and to be dismantled for their components. Such vehicles cannot be registered under the laws of a province or territory. Paragraph 7(1)(a) of the MVSA, which deals with temporary importation, permits the temporary importation of vehicles and equipment into Canada for purposes set out in the regulations, only if the vehicle or equipment will be used for one of the prescribed purposes. In addition, under subsection 7(1.02) of the MVSA, subject to the Minister’s approval, the importer may donate the temporarily imported vehicle. The definitions for “national safety mark,” “standard” and “vehicle” set out in section 2 of the MVSA are replaced and Schedule II, National Safety Mark, is repealed.
Background
The North American Free Trade Agreement (NAFTA) provides that, as of January 1, 2019, Canada cannot adopt or maintain any prohibition or restriction on the importation of used vehicles from Mexico. To deliver on this commitment, the MVSA was amended in 2014 under the Economic Action Plan 2014 Act, No. 1 to, among other things, permit the importation of prescribed used vehicles from Mexico into Canada that do not comply with the vehicle requirements referred to in sections 5 and 6 of the MVSA (subsection 7(2)), on the condition that they meet certain regulatory requirements and, before they are registered under the laws of a province, that they are brought into conformity with other specific Canadian safety regulatory requirements and certified by the Registrar of Imported Vehicles.
In addition to reducing barriers to the importation of vehicles from Mexico and the United States, this amendment permits the temporary importation of vehicles and equipment into Canada for purposes set out in the regulations (paragraph 7(1)(a)), replaces definitions for “national safety mark,” “standard” and “vehicle” (section 2), and repeals Schedule II.
Certain sections of the Economic Action Plan 2014 Act, No. 1 were not brought into force when Bill C-31 received royal assent as certain sections of the regulations required revisions to align them with the amendments to the MVSA. Amendments to the regulations will come into force with the Act amendments in this coming-into-force Order.
Implications
This amendment to the MVSA will reduce barriers to the import of certain motor vehicles into Canada from Mexico and the United States. These amendments were introduced in the Economic Action Plan 2014 Act, No. 1. No other significant implications are expected.
Consultation
The Department informs the automotive industry, public safety organizations, and the general public when amendments to the Motor Vehicle Safety Act are being planned. This provides them the opportunity to comment on these amendments by letter or email. The Department also consults regularly, in face-to-face meetings or teleconferences, the automotive industry, public safety organizations, and the provinces and territories. Amendments to the MVSA have been under review and the industry has been consulted during these regularly scheduled meetings.
No specific consultation was undertaken for this Order as it simply brings into force the sections of the MVSA contained in the Economic Action Plan 2014 Act, No. 1.
Departmental contact
Jessey Almeida
Regulatory Development Engineer
Multi-Modal and Road Safety Programs
Transport Canada
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email: jessey.almeida@tc.gc.ca