Both the Canadian Construction Association and the OSWCA believe that proposed subsections 353.1(1) and (2) provide law enforcement officials with needed assistance in combatting auto and construction equipment theft by making it an offence to partially alter, remove, or obliterate a VIN on a motor vehicle. However, we are concerned about proposed subsection 353.1(3). Both the OSWCA and CCA are concerned that the exceptions are too broad. The specific phrase used for the exemption in subsection 353.1(3) is: “Despite subsection...it is not an offence to”. That particular phrasing is not used in any other provision of the Criminal Code or in any other federal legislation. The novelty of that exemption phrase, as well as its very existence, raises concerns on our part that the courts may interpret the exemption too broadly.
On June 8th, 2009. See this statement in context.