Ensuring Safe Vehicles Imported from Mexico for Canadians Act

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

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:20 p.m.
See context

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, that is what I mentioned earlier. It is the duty of the government to ensure that it reaches out to the stakeholders and ensure those issues are enshrined and put in legislation. As the hon. member said, there will not be many cars coming into Canada.

This is why the bill is nothing but a technical aspect of the three country agreement, NAFTA. As an obligation, we have to ensure we are able to live with it and we are able to pass on the legislation to be in line with NAFTA.

In 2009 we had to bring in the bill as an obligation on the international scene. We are bringing it in two years later so it is not going to impact the market, or the environment or the safety of Canadians negatively.

I encourage the hon. member from Elmwood—Transcona to support the bill and let us carry on with some of the other important business that we can bring before the House.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:25 p.m.
See context

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, I listened to much of the debate and thought perhaps my friend from Elmwood—Transcona could use a break to refresh himself with some water as he goes over the text of the bill a bit further.

I come from a riding where there is a lot of automobile manufacturing. The member for Elmwood—Transcona was saying earlier that this bill would allow curbsiders. He was really worried about the justice implications. It is good to see that once in a while the member talks about justice issues.

I am wondering if the hon. member would help us. He said that he was supporting this legislation. He knows the government constantly reaches out to people across the country and encourages as much debate on the issues as possible before we bring legislation forward.

Could the hon. member help us in reaching out to his coalition partners to ensure we get this legislation passed so we can show that Canada is a place to invest in, where people can feel good about bringing their dollars and where we always live up to the obligations we have with our partners, internationally and at home?

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:25 p.m.
See context

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, one thing I would not agree with is on the coalition. If we look back to 2005, when the election was called, I could see the coalition always changing. The Conservatives formed a coalition sometimes with the NDPers and at other times it formed a coalition with the Bloc. It is whatever suits the government.

When it comes to creating a market for Canada, the Liberals have always been fair when it came to free trade and when it came to creating opportunities for our young people on the international scene. That is how we will go forward to the future.

The record shows, whether it is on innovation, or free trade or opening up relations with other nations to create those opportunities, we have always been there and we will be there in the years to come.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:25 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty, pursuant to Standing Order 38, to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Beauharnois—Salaberry, Border Crossings.

Resuming debate, the hon. member for Richmond—Arthabaska.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:25 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to participate in the debate on Bill S-5. First of all, I will say that this will likely not be my longest speech in the six years that I have been sitting here in the House of Commons, because the Bloc Québécois believes that the bill is merely a formality and that Canada must fulfill its obligations under NAFTA, which was signed by Canada, the United States and Mexico.

So, as I just mentioned, Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999, is just a formality. Under NAFTA, we must accept the importation of used vehicles from Mexico. Of course, we must ensure that these used vehicles comply with our environmental and safety standards. Earlier, the minister of state mentioned regulations that will be adopted soon, or as quickly as possible, I hope, before these vehicles cross the border into Canada.

The government says that it has consulted Quebec, the provinces and the territories, which have to be consulted because Quebec and the provinces are responsible for licensing vehicles. Members of the Bloc Québécois have not heard of any particular concerns on the part of the Government of Quebec about this bill because Quebec agrees with NAFTA and agrees that the government should fulfill its obligations. That is what the Government of Canada has to do with Bill S-5. It should have been done before now. This is not the first time the government has taken more time than expected with certain legislation. No doubt this is because it spends more time thinking about elections or proroguing Parliament. Those are definitely the kinds of things that could have ended up delaying the bill before us today.

The minister of state may have been feeling optimistic, or he may even have been wearing his rose-coloured glasses, when he said that this bill would benefit people. That is a bit of an exaggeration. I do not see what is so beneficial about fulfilling our obligations with respect to a free trade agreement. In a way, it may benefit consumers by opening up the used vehicle market. Cars from Mexico—except those near the sea that get corroded because of the salt—have not gone through the harsh winters we have here in Quebec and Canada, or even in the northern United States. That means that some cars, while they may be older, may be rust-free. However, as I said, cars used near the sea may have body rust from the salt.

I am not an expert, but like many people, I have bought cars. Younger people especially tend to buy used cars. Early in my career, when I was just out of university, I, too, drove cars that might be called clunkers, but they were in decent shape and not a public menace.

The first thing that must be done is a proper inspection of the vehicle's engine and body. Although some vehicles may be of interest, I do not really expect that we will be faced with a huge influx of used cars from Mexico. What we must do is ensure that clear and strict environmental regulations are adopted. The general state of these vehicles and their polluting emissions must be very carefully checked so that people do not find themselves with vehicles that are a hazard to health or to the safety of other road users. When I speak of road users, I am referring not only to the driver and passengers of the vehicle in question, but also to the other people sharing the road with them and, of course, pedestrians.

The government therefore has an obligation to ensure that these vehicles meet all the required standards. We must now face the fact that, under the agreement, used vehicles from Mexico can cross our border, just like vehicles from the United States. A free trade agreement goes both ways. If our vehicles can cross the border to be sold, then American and Mexican vehicles must be allowed to cross into Canada for the same purpose.

The Bloc Québécois thus supports Bill S-5, the main purpose of which is to comply with obligations under NAFTA, the North American Free Trade Agreement, regarding the importation of used vehicles from Mexico.

Used vehicles imported from Mexico will have to meet Canadian emissions standards and be in generally good condition in order to be brought into Canada. Accordingly, this does not mean reduced standards in Canada. Individuals who wish to sell vehicles here will have to comply with very strict standards and regulations.

The bill also requires compliance with standards regarding harmful emissions and safety. We realize how dangerous it is to have unsafe vehicles on the road. We are enacting more and more regulations in that regard, such as the regulations on winter tires, for instance. In Quebec, it is now mandatory that all vehicles have winter tires as of December 15. That date is fast approaching, so the public should take notice.

Bills concerning harmful emissions are also being studied. Vehicles on the road can become a little older, especially in times of economic crisis. People think twice before getting a new car. There is no problem with having a car that is a little older, as long as it is well maintained and properly equipped in terms of safety.

Given that Canada could face sanctions for prolonged non-compliance with NAFTA obligations, our domestic legislation should reflect those obligations as soon as possible, since Mexico could indeed impose sanctions on Canada. There is some good news, however: the minister of state said earlier that no sanctions have been imposed so far. As my hon. Liberal colleague just said, I think the members of the House have no choice but to support Bill S-5.

The main objective of this bill is to ensure that we comply with a NAFTA provision that is being phased in. Canada is behind by nearly a year, since we were supposed to comply with it by January 1, 2009. Knowing that we have a bill that is very likely to pass and come into force, Mexico might play nicely and decide not to make any trouble for Canada, but it could still impose sanctions.

Until recently, Appendix 300-A.1 of NAFTA allowed Canada to prohibit imports of used Mexican cars, but there was also a provision whereby Canada would eventually have to accept used vehicles from Mexico. This restriction will be phased out, as the wording in the fourth paragraph of the appendix indicates.

According to the wording, Canada must allow imports of used vehicles from Mexico that are at least 10 years old beginning January 1, 2009. Then Canada has to allow imports of newer vehicles—those that are at least eight years old—beginning January 1, 2011, then those that are at least six years old beginning January 1, 2013, and so on until all used vehicles are allowed to be imported beginning January 1, 2019.

Bill S-5 amends the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, which both govern the use and importation of used vehicles from the United States, but not from Mexico. We have to amend these acts, which affected only the market for used vehicles from the United States.

In the amendments, Mexican cars have been added and described as “prescribed vehicles” since the phasing in of the NAFTA appendix allows Canada to regulate this import by restricting the age of the cars imported. In all cases, the used American or Mexican cars will have to comply with the requirements set by Canada on emissions and overall state of repair.

Failure to comply with NAFTA could result in economic retaliation by Mexico and therefore it is preferable that we conform to NAFTA quickly.

I will close by giving some details from paragraph 4 of NAFTA Appendix 300-A.1, which I just mentioned. It is very clear. Concerning used vehicles, it says:

4. Canada may adopt or maintain prohibitions or restrictions on imports of used vehicles from the territory of Mexico, except as follows:

(a) beginning January 1, 2009, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles that are at least 10 years old;

(b) beginning January 1, 2011, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles that are at least eight years old;

(c) beginning January 1, 2013, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles that are at least six years old;

(d) beginning January 1, 2015, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles that are at least four years old;

(e) beginning January 1, 2017, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles that are at least two years old; and

(f) beginning January 1, 2019, Canada may not adopt or maintain a prohibition or restriction on imports from the territory of Mexico of originating used vehicles.

So there will no longer be limits regarding the age of the automobile. This bill will allow us to respect the agreement signed with the United States and Mexico. All of these measures were set out in Appendix 300-A.1 of NAFTA.

We want to ensure—and I am repeating this because it is very important—that we are respecting the regulations, which will be very strict. These regulations will apply to vehicles and how well they work, as well as their overall condition so that we do not end up with dangerous vehicles. They will also apply to the vehicles' emissions because these automobiles will be fairly old to begin with: 10 years or older, then 8 years or older, and then 6 years or older.

Consequently, we must ensure that the standards established in Canada for our automobiles and for vehicles coming from the United States are respected, even if these vehicles are imported from Mexico. We must not end up with vehicles that pollute. That would be unfortunate and damaging to our environment.

I ask everyone in the House to vote in favour of Bill S-5 so that we will be complying with NAFTA. The Bloc Québécois will monitor the regulations to ensure that these vehicles comply as they should.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:40 p.m.
See context

Liberal

Lise Zarac Liberal LaSalle—Émard, QC

Mr. Speaker, my dear colleague mentioned a deadline of January 1, 2009. I would like to know what he thinks caused the delay.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:40 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank the hon. member for her question. There could be a number of hypotheses here. However, as is the case with many bills that the government claims to want to pass through the House quickly, in many instances it was responsible for this because we had prorogations and elections even though the Prime Minister had promised that there would be fixed election dates. This ended up stalling a number of pieces of legislation.

I imagine that this bill was not a priority for the government, except that perhaps someone woke up and realized that we had signed an agreement with Mexico through NAFTA. For almost a year now, Mexico has been entitled to impose sanctions on Canada since we are not currently complying with the provisions of Appendix 300-A.1. The appendix clearly states that Canada must start to accept importations of used vehicles from Mexico.

Now that the government has woken up and realized that sanctions are possible, it wants to hurry up. There is no reason to be against this, but in many cases, with many bills that have been introduced, the Conservatives have no one to blame but themselves.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:40 p.m.
See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, we are looking at vehicles that are 10 years of age and older. If we look at the book value of 10-year-old vehicles, I really cannot see where we could be looking at more than $2,000 or slightly more for these types of vehicles. Therefore, I really do not see this as a huge problem. I know we need to pass the bill to be in compliance with the trade deals, and the NDP will support it going to committee, but I really cannot see where the market will be.

As we move forward over the next nine years, we are removing prohibitions on new vehicles and in another 10 years, 2019, when we can import vehicles that are one year old from Mexico then I can see potential problems.

The member talked about snow tire requirements in Quebec. The installation of immobilizers is mandatory in Manitoba. People cannot drive cars in Manitoba without immobilizers. To me, there are too many requirements to allow bringing 10-year-old cars and older to Canada in any great numbers a viable option.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:45 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, first of all, I thank the member for his intervention. He has already spoken on this subject a few times since the debate on Bill S-5 began, and I listened carefully to his concerns, which I share, I might add. However, regarding some of the points he raised, this might not be the right forum, because in this case, it is merely a question of complying with NAFTA.

Regarding the used car market, I agree with the member in that I also do not expect our market to be flooded with used vehicles from Mexico. It is extremely important to bear in mind that the government has an obligation in all of this to ensure that strict regulations regarding the general state of repair of these vehicles and their harmful emissions are obeyed—which is what we want and will keep a close eye on.

Beyond that, with respect to winter tires, it is up to consumers to obey the Quebec law. The member mentioned a law in Manitoba. If I understood correctly, his concerns have to do with the immobilizer program, whereby a system is installed in vehicles in order immobilize the vehicle if it is stolen. Clearly, this has more to do with the aftermarket. That is another regulation with which car dealers and used car retailers must comply. In this case, we are talking about complying only with NAFTA, and we have no choice but to comply in order to avoid sanctions.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:45 p.m.
See context

Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, Bill S-5 was introduced in the Senate on April 14 but this is part of NAFTA and NAFTA was signed approximately two decades ago. I am a little curious as to why this has been brought forward and needs to be passed so quickly when for 20 years it has probably not done anything. It has two sets of regulations that I can see, which are the safety regulations and environmental regulations, CEPA.

If used cars were to come into Canada and garages were to bring them up to standard, does the member not think that it would create jobs for us rather than having the cars dumped somewhere else and let the jobs drain away to somewhere else?

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:45 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, some of my colleague's questions might be better answered by the minister of state, who spoke earlier. This is a Conservative government bill, so he should be answering some of her questions.

With respect to garages, of course they want more business inspecting cars. On the other hand, if more used vehicles are coming in from another country, maybe fewer vehicles from here will be sold. There might be some give and take. However, one thing we know for sure is that cars will have to be inspected. In that respect, my colleague is absolutely right. This already applies to heavy vehicles from other provinces and countries. People can even import vehicles from Europe. Those cars just have to comply with our regulations. Obviously, inspections are not performed by government employees in their offices. I mean no disrespect to government employees, but that is not where inspections happen. They happen in garages. So my colleague is right. Still, I do not think that this will create thousands and thousands of jobs.

In answer to her question about why the government is in such a hurry to pass this bill, I should point out that under NAFTA, initially, people were not to start importing used cars 10 years old or older from Mexico until January 1, 2009. So no government dropped the ball, except for the current government, which should have done something about this before 2009. If I am not mistaken, and if I can count, it is now 2010. That is about a year's delay. That is why the government is in such a hurry to pass this legislation.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:50 p.m.
See context

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, I have two questions for my colleague. First, does he not think there are better standards that could be applied for vehicle emissions that could be utilized?

Second, does he not believe that vehicle emissions standards could be done in a way that would provide better North American standards for our country as well as for the United States and Mexico?

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:50 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I will respond very quickly. I completely agree with the hon. member. We must be more and more strict in terms of vehicle emissions. As I said in my speech, some provinces, such as Quebec, have been making an effort, but, unfortunately, they have only studied the situation. The legislation has not yet been implemented. We want to start looking seriously at emissions, especially for older vehicles, even if it means taking vehicles off the road if they do not meet the stricter standards. Automobile manufacturers are able to produce vehicles that pollute less, and they have demonstrated that over the years. There is no reason for them to be lax.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 4:50 p.m.
See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am pleased to speak today to Bill S-5, a bill coming from the Senate.

Bill S-5 is an Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999. Its short title is “ensuring safe vehicles imported from Mexico for Canadians act. It was introduced in the Senate on April 14, 2010. The bill would amend sections of the Motor Vehicles Safety Act and the Canadian Environmental Protection Act, 1999, to bring Canada into compliance with its international trade obligations, mainly under NAFTA.

As members know, NAFTA is a multilateral free trade agreement between Canada, the United States and Mexico. Its objectives are to eliminate trade barriers and facilitate cross-border movement of goods and services between the territories of the parties. Furthermore, NAFTA aims to promote fair competition in the free trade area, increase investment opportunities in the territories of the parties and create effective procedures for the agreement's implementation, application, joint administration and for the resolution of disputes.

Several members have already pointed out that this agreement is now two years late. Under the provisions of NAFTA, this particular element of allowing Mexican used cars to be brought into Canada should have occurred back in 2009. As I had indicated, the NDP will be supporting the bill going to committee because we recognize that it simply puts into effect promises that we have already made as a country when we signed into the trade agreements.

However, that does not stop us from having some observations and thoughts about the implementation of what we are approving and what we are signing into now. That will come with the regulations and rules that the government puts into place, as well the consultations, in promulgating the rules and satisfying the concerns of our constituent parts in Canada, like the motor vehicle dealers associations and many other groups in this country.

We look at this situation now and say that it is unlikely that there will be many vehicles being dealt with here. One of the members said that we were trying to hold off a free trade challenge by the Mexicans. and that is part of the equation.

While we do not anticipate a lot of 10-year-old vehicles being imported into Canada under this agreement, the provisions are there to eliminate, on a year-by-year basis over the next nine years, the barriers for newer vehicles. Therefore, in another year from now we will be able to bring in nine-year-old used vehicles. Then it will be eight, then seven and, by 2019, we will be able to bring in all used vehicles. When that happens, that may prove to be a much bigger group of vehicles when we are talking about one, two or three-year-old vehicles. The residual value of those newer vehicles would be much higher than a 10-year-old vehicle would be.

When the cost of upgrading all the safety features that need to be done, the immobilizers in the case of Manitoba and the very expensive cost of transportation from Mexico for used cars is added on, importing a 10-year-old vehicle might not make a lot of sense. When we get to one or two-year-old vehicles, especially high-value vehicles, it may become economically viable for importers to start bringing in vehicles on a fairly large scale.

Whether that creates jobs in Canada or not is really beside the point, because as the members have pointed out, this is part of our trade obligations. It is simply one of the implementation procedures of our trade agreement.

NAFTA, like all free trade agreements, establishes reciprocal rights and obligations for all parties to the agreement. Thus, any trade benefits or rights that are granted in the agreement apply to all parties.

Chapter 3 of NAFTA establishes the rules with respect to according national treatment to all goods of another party to the agreement and the elimination of all tariff and non-tariff measures against goods of another party.

Annex 300-A of chapter 3 applies to trade and investment in the automotive sector. Annex 300-A states that each party shall accord most-favoured nation treatment to all parties of NAFTA with regard to trade and investment in the automotive sector. However, this general commitment is subject to a number of commitments that are country specific.

The country-specific provisions entered into by Canada include that of the U.S. agreement concerning automotive products between the Government of Canada and the Government of the United States of America that will now be incorporated into NAFTA.

Furthermore, Canada reserves the right to adopt or maintain prohibitions or restrictions on imports of used vehicles from Mexico until, once again that date, January 1, 2009, with a gradual phase-out of prohibitions ending in 2019.

There are prohibitions and requirements that jurisdictions put on concerning environmental issues and safety issues, but jurisdictions also have tight rules to protect their own markets, to protect their own dealers' associations.

In a way, this is breaking down some of those barriers that were artificially put there to support local industry or support local dealer organizations in the past.

This is something that business will have to deal with over time, because it is phased in. I guess one could argue that the NAFTA agreement has been around for many years, so it should not come as a surprise to anybody out there in the public or in the dealers' associations that this is in fact coming.

I can guarantee, and I am sure the members on the government bench will recognize this, that when all is said and done and this bill actually passes through the House, there will be a reaction from dealers' organizations that are going to say they never saw this coming, it was out of the blue, and that the problem was created by the government, when in fact it is part of the free trade process.

The phase-out is related to the age of the vehicles. Used vehicles that are at least 10 years old are the first to have restrictions lifted. Younger vehicles will follow, as I have indicated, over a period of 10 years.

NAFTA also clarifies that these restrictions on imports of used vehicles from Mexico into Canada are not inconsistent with Canada's obligations to provide most-favoured nation treatment to Mexico under our agreements.

The purpose of Bill S-5 is to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act to allow for the importation of used vehicles from Mexico subject to certain conditions. The amendments are required in order to bring Canada into compliance, as I said, with the international trade obligations under NAFTA that we have with Mexico.

Clause 2 of the bill amends the definition of “vehicle” to include “any vehicle that belongs to a prescribed class of vehicles”.

The “prescribed class” of vehicle is defined in the motor vehicle safety regulations as:

a class of vehicle listed in Schedule III [of the regulations] or the class of incomplete vehicle prescribed under subsection 4(1.1) [of the regulations];

I presume that another set of regulations will be promulgated as a result of and after the committee process. Unless we are led to believe that the regulations are all before us now and are already included here, I am really uncertain about that.

Once we have an opportunity to take a look at those regulations, we will be able to see possible limitations, impediments and problems with the whole system.

Clause 3 would amend section 7. Section 5 of the act currently requires that all vehicles sold in Canada and all vehicles of a prescribed class that are imported into Canada must conform with certain safety standards as set out in the regulations of the act. Section 7 permits an exception for used vehicles that are imported from the United States. That is certainly an expanding market, and I will get into that later.

The registrar of imported vehicles is a newer situation involving imported vehicles from the United States. The whole regime has been streamlined over the last few years to make it much easier for imported vehicles coming from the United States and we are seeing increasing numbers of them.

It really depends a lot on the value of the dollar. When the Canadian dollar strengthens, we will see more activity with respect to the cross-border purchase of cars in the United States. Just last year when the Canadian dollar was higher than the U.S. dollar, there was a huge amount of cross-border activity. People were buying cars in the United States because of the value of our dollar.

The people buying these cars in the United States have to deal with the registrar of imported vehicles in order to bring them back. While the system is much better than it was a number of years ago, snags are still being reported with these purchases.

I have heard stories about people who buy vehicles and then have to fill out a tremendous amount of paperwork. The paperwork is relatively easy to get. It is all on the website of the registrar of imported vehicles. The information can simply be printed out. The vehicle essentially gets impounded at the border, so it is tied up for a couple of days. If a purchaser can follow the paperwork, then it is possible to purchase vehicles in the United States. However, that does not make our local dealerships very happy.

Ways have been found to work around the problem with warranties. For example, a company such as Honda will not honour the warranty for a vehicle purchased in the United States. Even though an individual can save money by buying a vehicle in the United States because of the value of the Canadian dollar and the vehicle can be brought into Canada, the individual is on his or her own with respect to the warranty. Toyota's rules were similar in the past, but in the last couple of years its rules have changed and now it will honour warranties on Toyota products purchased in the United States using the registrar of imported vehicles system.

The member for Brandon—Souris was a reputable used car dealer in his youth. He is listening very intently. He is one of the few Conservatives who I would buy a used car from. He is an old friend of mine from Manitoba and very knowledgeable about the automobile industry. He has a soft spot for this topic because it takes him back to his younger days when he was in private business and probably enjoyed life more than he does right now. At least he did not have all the travelling that is involved with being an MP.

The section currently provides that used vehicles, vehicles that have been previously sold at the retail level in the United States that failed to meet the Canadian safety standards, must nonetheless be imported into Canada on the condition that the importer makes a declaration that before the vehicle is presented for registration, it will be made to conform with safety requirements. This exception allows importers of used vehicles from the United States time to bring the vehicles up to levels required by the more stringent Canadian safety standards.

I have mentioned this before, but in spite of all these rules between Canada and the United States, we still had a situation in Manitoba only a year ago, exposed by the CBC on a national program. Under the United States' lemon law system, which is a state-by-state regime, car companies in the United States were forced to buy back lemon vehicles from the owners if they were unable to resolve the issue after four attempts.

I never thought about what actually happens to these vehicles that are bought back by the manufacturers. The CBC found out last year that the cars were being taken from, for example, the state of Florida, which, by the way, used to have the strongest lemon law in the United States, and they were being dumped in, say, Louisiana, which did not have a very good lemon law system. Then the importers, in this case a Manitoba dealership that the member for Brandon—Souris knows and I know as well, were actually importing these cars into Canada for an absolutely ridiculous price, perhaps $13,000 for a two- or three-year-old vehicle, and then were able to mark them up by double. This was serious enough that not only did it make the national news, but the Manitoba government actually introduced legislation to deal with that particular issue. That, of course, caused me to want to encourage it to go further and set up its own lemon law system, on which I have been working with Manitoba for many years, unsuccessfully I might add, to get through. However, that is another issue.

The fact of the matter is that we can all have the frameworks we want for trying to deal with the market with the very best of intentions at heart, but people who want to bend rules will always find a way to do it. So we have to try to collectively put our heads together and come up with the best regulations possible to at least minimize the effect on our consumers in terms of bad outcomes. Bad outcomes, of course, are in many ways related to replaced odometers or rolled back odometers, which we saw in Manitoba for many years coming out of Toronto, taxis being sold at auctions and the cars being sent out to Winnipeg and the odometers rolled back.

As a matter of fact, it was the Filmon Conservative government, which the member opposite from Brandon—Souris was part of, that actually dealt with the problem. We had a dealer who, for the second time in 25 years, was charged under the Weights and Measures Act with systematically rolling back odometers. He was buying cars at auctions in Toronto, putting them on a train, taking them to Manitoba, rolling back or replacing the odometers, and then selling those cars, which he was buying for $4,000, for $8,000. He got caught 25 years ago and was charged under the Weights and Measures Act, which really did not impose much of a fine, I guess, because it did not deter him. He kept doing it for another 25 years, until he was caught again. Then, under the Filmon government, they finally dealt with the problem by requiring people to have a history that would follow the ownership of the car.

It is similar to the system used in England, I believe, where every time the ownership of a car changes, the documentation follows it. There would be a record of the mileage and stuff like that, so if all of a sudden the odometer showed the mileage as half of what it was before, it would be inconsistent.

That was an excellent system they developed and it did solve part of the problem.

However, people with ill intent always find ways to circumvent the rules, and of course, this would be something that we would have to deal with.

Having said all of that, though, I agree. We will be supporting getting this bill to committee, and from there we will see where it takes us.

Ensuring Safe Vehicles Imported from Mexico for Canadians ActGovernment Orders

December 6th, 2010 / 5:10 p.m.
See context

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, I do want to take issue. The member for Brandon—Souris is not an old dealer. He is a young, vigorous member of Parliament who serves his constituents very well.

I wonder if the member would agree with me that if we have business people such as the member for Brandon—Souris, who was ethical, focused on his customers, conscientious and hard-working, the same qualities that he brings to the House of Commons when serving his constituents, Canadian consumers would be very well protected in their purchases, if they all had the pleasure of experiencing the quality and ethical service that the member for Brandon—Souris brought to his business, and of course, brings here to the House of Commons.