The addition of proposed subsection 351.1(3) is, in our view, likely to provide an unwarranted defence to persons charged in relation to stolen vehicles or parts thereof. Proposed subsection 351.1(3) will give auto thieves a defence by merely giving the excuse that the VIN was removed or altered to repair the vehicle, or, in the case of thieves, to modify or to disassemble the vehicle.
In my 32 years of law enforcement I have never yet seen a reason why regular maintenance would force you to alter, remove, or obliterate a VIN. I've spoken to investigators with the Insurance Bureau of Canada, to the officer in charge of the provincial auto theft team in Ontario, and to auto theft investigators with the Peel Regional Police and York Regional Police, who all share my concerns about the new and unwarranted defences that criminals will have if proposed subsection 353.1(3) becomes law. There are already existing procedures in place through the motor vehicle safety regulations and the Insurance Bureau of Canada with regard to repairs to a vehicle where a VIN is removed, such as after a motor vehicle collision when damaged parts are replaced, at which point the VIN can be reapplied and the new VIN is clearly marked as a replacement VIN so as to combat the rebuilding of a wrecked vehicle with stolen parts.
In summary, the CCA and the OSWCA are very concerned that the addition of proposed subsection 351.1(3) will create a series of new defences for criminals engaged in automotive and construction equipment theft. We urge the committee to delete proposed subsection 351.1(3).
Thank you. We await your questions.