Strengthening Motor Vehicle Safety for Canadians Act

An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

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 for the purpose of strengthening the enforcement and compliance regime to further protect the safety of Canadians and to provide additional flexibility to support advanced safety technologies and other vehicle innovations. It provides the Minister of Transport with the authority to order companies to correct a defect or non-compliance and establishes a tiered penalty structure for offences committed under the Act. The enactment also makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

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.

Votes

Jan. 31, 2018 Passed 3rd reading and adoption of Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5 p.m.
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London West Ontario

Liberal

Kate Young LiberalParliamentary Secretary for Science

Madam Speaker, strengthening motor vehicle safety is, without a doubt, an important issue for all Canadians who travel all the time. Whether someone is in a car, a bus, or however one travels, this is important.

I would like to find some common ground here because I hope we can all agree that Canadian consumers deserve to at least be as well informed as our southern friends are about recalls. That is a real problem right now. We hear about recalls in the United States and assume that because our cars are so similar, the recalls must mean the same thing for our cars as well. Would the member agree this is a grey area that we need to work on together?

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Madam Speaker, if the member had listened a bit more intently to my speech, she would have heard me talk about exactly that. We saw a recall in the United States where there were not the same kinds of protections for consumers as in Canada. In fairly great detail, I thought, I discussed the idea that we need to make sure that we try where possible to line up things so that consumers in Canada and the United States have the same legislation. That is a goal we should seek to achieve. However, we obviously have to hear the perspectives of people. That is why it would be great for this to go to committee.

I hope that when we talk about the idea of common ground that she mentioned, she might support our position that for people who have small businesses, which affect our communities and are so vital to small communities across the country, there should be some proper consultation done on things like that.

I can say, and I am sure she has heard it as well, that I have received hundreds of emails and phone calls from all over my constituency, and probably all over Canada, telling me how concerned people are about these changes and the massive detrimental effect they will have. When we talk about ensuring that we are protecting consumers and those who serve our consumers, she should be talking to her government and the people on the front lines, the finance minister and the Prime Minister, about the kinds of terrible changes they are talking about. Making them would devastate our economy.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it has been difficult to know what bill we have been debating the last little while. We have been hearing a lot of speeches against tax changes. We are hearing speeches about cannabis. We have a non-controversial bill in front of us.

The bill was drafted by the Conservative government, under the administration of Stephen Harper. I have been listening to the debate for almost two days now. I have not heard anyone opposed to sending the bill to committee. In fact, it came to us from the Senate, where it has already gone through extensive hearings before a committee. The only controversial thing I have heard about the bill was in terms of the minister's comments whether the government would accept the Senate amendment to the bill extending protections to dealers. That needs to be studied at committee.

Does my hon. colleague not agree that the bill is widely supported on all sides of the House and just needs to get to committee?

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:05 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Madam Speaker, the member indicated she was confused. I will tell her what it is: this is Bill S-2, the strengthening motor vehicle safety for Canadians act. It is right there, so if she wants to check it out, she can have a good look at it. That is what we are debating. There has been lots of discussion about it here. That is a good thing. It is always a good thing to have an opportunity to discuss a bill.

When we talk about its going to committee, I agree with her. It should be receiving some good study at committee. That is important, and I would support seeing that happen. There is no question about that. We should hear the different perspectives and make sure they are all taken into account in making changes. I would encourage that to happen.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:05 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, before I begin, I hope that the House would join me in sending condolences to the member for Bruce—Grey—Owen Sound on the death of Wiarton Willie today.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:05 p.m.
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Tony Clement

A sad day.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:05 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Yes, a very sad day. However, on a day that we are talking about motor vehicle safety, it is important to know that the venerable rodent died of natural causes today. The people of Wiarton will be holding a funeral for Wiarton Willie.

It is an honour to rise today for the first time in the House of Commons since returning from a summer of talking with constituents, attending events in Barrie—Innisfil, and being able to connect with Canadians across Canada in my former role as Veterans Affairs critic. One common theme that I heard this summer was that consumers are not having an easy time. Their taxes are going up and the cost of essential services is also rising, making it more difficult for them to replace those larger items they depend on, such as cars, trucks, and appliances. For anyone to suggest that the middle class and those working hard just to stay in it are any further ahead under the current government is false.

Bill S-2 was introduced by Senator Harder in May 2016. It resembles Bill C-62, which was introduced by my colleague from Milton, the former minister of transport in June 2015. In short, Bill S-2 would protect consumers by strengthening the Minister of Transport's responsibility to consumers by giving the minister the ability to assign penalties to car manufacturers for car defects and recalls.

It seems that vehicle recalls are becoming more commonplace. While these recalls ensure that road safety and preventing tragedies from happening are priorities, there needs to be a sense that manufacturers will continue to up their game and produce cars and trucks of greater quality than the year before, thereby preventing increased costs for consumers, dealers, and carmakers.

In 2015, over five million vehicles were recalled as a result of over 200 recall notices being issued. Bill S-2 would increase the authority of the minister, from issuing notices of safety defects and criminally prosecuting manufacturers, up to assigning penalties for safety defects.

The opposition does support the bill but feels that a greater conversation should take place in committee where amendments can be made to strengthen the bill. There, discussions will take place that will further protect consumers and manufacturers and, at the same time, make sure that the powers of the minister do not exceed a realistic expectation that might hamper the ability of car and truck makers.

Last night, in preparation for speaking today, I watched a few speeches by my colleagues. They were all excellent. However, I found the speech by the member for Peace River—Westlock to be the most interesting. He spoke from the perspective of a mechanic responsible for correcting the safety defects that cars are recalled for. I would like to read from Hansard a bit of what my colleague said yesterday:

The interesting thing about the recalls is that there is no similarity between any two of them. As mechanics tasked with correcting the issue, we often wondered why one thing was recalled and another was not, or why the same part was often recalled several times in a row. That goes to some of the issues the bill is trying to correct.... Many automotive manufacturers use the same supplier of airbags, and so the airbag recall crossed several different companies.

The last statement by the member for Peace River—Westlock identifies a concern about recalls and the suppliers. Will Bill S-2 single out car manufacturers only? Will the proposed act allow the minister to apply penalties to the suppliers of the car manufacturers?

The member for Peace River—Westlock also talked about the complexity of the recall itself. Again, reading from Hansard:

The whole [recall] system is in place already for when a manufacturer declares a recall, but it gets a little more interesting if the minister is going to declare the recall. Can the manufacturer at that point just say that since it is the minister who is declaring it, the parts will be made available and they will pay for getting the job done, but not necessarily reimburse the dealership's parts department or ensure they can actually make some money on it, particularly in the case of recalls that take a long time to develop the parts or develop the solution.

I do not know if Canadians completely understand how complex the issue of a recall can be, but I know that listening to the hon. member for Peace River—Westlock was a learning experience for me.

If, as my colleague points out, there is a disagreement between the Minister of Transport's office and the carmaker, will the car owner be caught in the middle? Make no mistake about it, the powers being given to the minister are diverse and tough. Do they extend further than they should?

Bill S-2 would give the minister the ability to order a company to issue a recall, require manufacturers and importers to fix defective vehicles at their expense, require companies to provide additional safety information, require companies in Canada to be more aware of foreign defects and issues with cars similar to those sold in Canada, fine manufacturers up to $200,000 per day per defect, and would provide increased powers to Transport Canada inspectors.

Bill S-2 would give the transport minister the same authority as the minister's American counterpart. Without doing some digging, the bill makes it seem that carmakers are sometimes reluctant to issue a recall notice. Here is a shout-out in support of manufacturers for issuing over 300 notices between 2010 and 2016, when Transport Canada had not received any complaints. Personally, my wife and I are currently going through a recall notice for one of our vehicles.

Will this bill make driving safer?

In the five years between 2010 and 2015, Transport Canada was responsible for only 9% of all notices from carmakers. Given that it only influenced 9% of recall notices, what does the government expect to see going forward? Will the minister have a threshold number of complaints before ordering a recall? Will the minister issue compensation awards based on the number of complaints or the severity of the defect?

It is my hope that Bill S-2 will not see carmakers going into either a defensive formation or issuing recalls to avoid an order to issue one. In preparing for speaking today, it has been my observation that car manufacturers in Canada and the U.S. have been, and are, very responsible to ensure that all defects are announced and taken care of as quickly as possible. No one wants to be driving a car that has a recall notice, and no one wants to be without a car because of a recall notice.

Finally, I also want to bring up a point that is related to how dealerships have to operate in these cases. The Minister of Transport will have to consider the ability of a dealership to correct defects quickly. In larger centres, this may not be the issue. In smaller centres like Barrie—Innisfil, the availability of parts for the recall will have an impact on the bottom line. Many dealerships are family-run businesses, with many family members being mechanics, sales people, and often office support staff.

Though I speak today on Bill S-2, I would be remiss if I did not mention that the government's planned tax reforms will also have an impact on these family-run businesses and their ability to provide good-paying jobs to people in their community. I cite some examples in Barrie and Innisfil of family-run operations that employ thousands of people in our area: men like Paul Sadlon, Jim Williams, Bob Jackson, Jamie Massie, and Drew Tilson, all automobile dealers.

The tax reforms that will hurt these family car dealerships can also affect how Bill S-2 would get defective cars repaired quickly. If tax reforms force the closure of a dealership or the downsizing of staff, all the efforts of Bill S-2 will be for naught.

Let us send Bill S-2 to committee to have important amendments made to strengthen the needs of the consumer while protecting responsible and proactive manufacturers from unreasonable government interference.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Speaker, my husband has been in car sales for over five and a half years. As the member indicated in his speech, one of the key issues they have in the smaller dealerships is the lack of parts. In the St. Thomas area, they are one of the highest selling car sales agencies in London. They are a small dealership, with six employees. The problem is that they have four parts available for 100 cars, and so a lot of times there has been a real delay in getting those parts, and sometimes for up to one year.

It is important that small rural dealerships be at the table at committee so we can recognize some of the issues of rural and remote dealerships.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I am aware that the hon. member's husband has been in the automobile business for rather a long time. It is critical that this piece of legislation go to committee to have proper consultations with everyone affected by it, whether small or large automobile dealers. I sit on the automobile caucus, and this was an issue that came up. About a year and a half ago we were talking about this.

It is important that we get this right. We have indicated on our side that we are generally supportive of the legislation. However, there are some amendments that do cause us concern. That is why we have committees, to properly and insightfully look at these issues, how they impact Canadians of all stripes, and to try to come up with good pieces of legislation that we can recommend to Parliament.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Is the House ready for the question?

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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Some hon. members

Question.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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Some hon. members

Agreed.

On division.

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Motion carried on division. Consequently, this bill is referred to the Standing Committee on Transport, Infrastructure and Communities.

(Motion agreed to, bill read the second time and referred to a committee)

Strengthening Motor Vehicle Safety for Canadians ActGovernment Orders

September 20th, 2017 / 5:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, when we carry bills on division, I want to be registered as having voted for the bill, rather than having it appear that on division I voted against it.