moved that Bill C-511, An Act respecting the reporting of motor vehicle information and to amend the Motor Vehicle Safety Act (improving public safety), be read the second time and referred to a committee.
Madam Speaker, I am pleased to move the bill in the House. One might ask why Bill C-511, which I refer to a the PEDAL act, the proactive enforcement and defect accountability legislation, would it be so necessary today.
Many of us can speak eloquently about the logistical issues associated with any bill, all the finances associated with them, all the technology, all the procedural reasons for them. However, there is really only one reason and that is consumer safety, the safety of all the citizens who use the roadways that are filled by vehicles, produced by manufacturers in Canada and abroad, re-imported here, sold here and in part supplied by auto parts manufacturers here. Every one of those men and women deserves the comfort and the knowledge of assurance that comes with the fact that there would be laws compel such providers of vehicles to put on the marketplace a vehicle that would be safe for operation.
I have to reflect a little on this. A lot of the issues we have seen over the course of the last six to seven months have to deal with one particular company, but in fact we are talking about all automobile manufacturers. We are talking about the reasons why people have gone to the extreme levels of going to congressional hearings in the United States, other congressional hearings around the world and even parliamentary hearings in Canada. They want to get some satisfaction and some answers from the manufacturers that have put vehicles on the market that have proven to be defective in such a fashion that they have put the lives and safety of the users and those who share the road with them at risk.
Perhaps this would make it a little too personal, but it struck me very seriously the other day, even though I presented the bill many weeks ago. I was a very proud grandfather a couple of days ago when my daughter-in-law, Maccarena, my grandson and my son Massimo brought a second baby into the world, Leandro. He made Amedeo an older brother. I thought about all those kids like my two grandsons. If the House will allow this digression, one is watching this on television right now. He name is Matteo and he is 17 months old. He is looking at his other cousins, all of them under the age of 7, Isabella, Alessandro, Tazio, Gianluca and Stefano.
I am a legislator and I look at these grandchildren. They are so completely vulnerable, so completely dependent on what a driver might do on the road. Imagine the parents of all children, including those of my policy adviser who helped shape the bill. Simon and Leo are at home watching to see whether dad's member of Parliament is thinking about them when we are talking about vehicle safety and well they should as should all of us. Everything we do here has an implication and a consequence for those who are most vulnerable.
The reason we were motivated to come forward with this legislation was during our study of what was going on worldwide and in Canada with motor vehicles, it struck us that perhaps we had not given it that human touch. This human touch dictated something that had been going on since 2002. We are partisan. We talk about one government party doing one thing and another government party doing another, but in 2002 the Liberal Party initiated a study of the Motor Vehicle Safety Act because automobiles had changed so drastically since the last time the act had been amended.
Some people say that these vehicles on the roads are almost like rolling robots. They are completely computerized. They go beyond the ability of most drivers to determine anything that they can do. Other than pressing an accelerator, pressing a brake pedal and steering, there is very little else that can happen. There are computerized mechanisms inside the vehicle that will act in fashions that our drivers may be unable to handle.
Therefore, we decided to look at this Motor Vehicle Safety Act. We did not want to vilify Toyota even though it had been in the middle of hearings in the United States, here and worldwide and accepted to pay fines on the basis of the findings of the American congressional hearings. We wanted to see if we could bring manufacturers to the table to do what would be right for their customers, the consumers. We wanted to ensure that consumers would be protected against those who were indifferent to the issues in an aftermarket environment. In other words, once the vehicle is sold and it is in the hands of the drivers, companies walk away. Everything is a complaint, it is a quality issue, it is not a safety defect related issue, but some are.
What we propose to do is ensure that we bring into legislation a couple of very basic elements. The first is to give the Minister of Transport, who is the regulator of these vehicles, the legislative authority to call for, to receive, to analyze, to digest and then to act on the information associated with any one of these vehicles, whether they be in Canada or abroad. If they are a part of a company's fleet and there are complaints associated with those vehicles and they are safety-related, then they need to be reported to the Minister of Transport for action.
We lay out in the legislation a very thorough and specific methodology. We do not ask the minister to be willy-nilly, whimsical in his or her approach to what the complaints might be. However, we require a quarterly reporting mechanism by the manufacturers, through their dealer networks, to Transport Canada. Through this proposed legislation, we give the minister the authority to analyze these in the context of safety-related defects.
The second feature of the legislation is we provide a definition for “safety-related defect” that goes specifically to whether the problem is incurred while driving, or not, is associated with a preventable situation or an anticipated situation by the driver. If it is not, then it has nothing to do with the driver or the quality of the vehicle. It has everything to do with safety-related issues.
Having analyzed the information, and maybe requiring more, the minister can then, under the legislation, initiate a recall to get those vehicles off the road until such time as the manufacturer comes up with a solution to the problem and addresses it vigorously and in a timely fashion.
These two innovations do not currently exist in the Motor Vehicle Safety Act.
The Minister of Transport a little while ago said, in respect to Toyota specifically, that the Motor Vehicle Safety Act had a lot of good teeth and clubs in it and if the department found that a company was not compliant, it could engage in criminal proceedings. It seems that part was rhetorical. The Government of Canada and no minister can direct a criminal investigation. They can, if they have the will, ask some of the law enforcement authorities to investigate. We have seen that with the Prime Minister.
The government has not done that with Toyota or anyone else, in part because the legislation does not give the minister the authority that we think the minister ought to have. Right now, the minister and his department can attempt to influence a company to comply, to provide information and to provide other issues to give them a history of the vehicle's performance.
However, they cannot ask for anything. They cannot ask for the lists of the complaints received by the dealerships or by the company centrally. They cannot ask for accident reports, the nature of the injuries or the deaths that might have occurred. They cannot even talk about the level of the property damage. None of these things are currently inherent in the legislation. However, under the PEDAL act, the minister can demand those and more information if so required and then, through a very methodical process, initiate the recall.
Today, the minister has to hope that a company or manufacturer will accede to his request and influence to issue a recall or some such notice. One company has a very unique euphemism for a recall. It is called a voluntary product improvement notification. It essentially says, “You have a bad vehicle. We do not know what the problem is, but next time we call you, we will bring you in and we will solve the problem. Happy motoring”.
That company is now facing 100 class action suits in the United States alone. Fifty-nine deaths are attributed to the safety defects associated with the vehicles and entire fleets have been recalled. We want to get beyond that point. We wanted to make a very positive, immediate amendment related to technology in the legislation. The amendment involves the brake override system for all of those vehicles that have an electronically controlled throttle.
These are new terms and technologies. In the generation of cars that we had when I was much younger, we could become our own mechanics and fix our own vehicles, but we cannot override the commands in a computer-driven automobile. With the proposed legislation, we ensure that every manufacturer, as of a particular date, builds that into every vehicle that they put on the market. Some of them are already doing it voluntarily. Others are a little more recalcitrant and slower. We are telling them that, as of a particular date, they have to do that.
I know that you, Madam Speaker, will want to encourage all colleagues in the House to support legislation that is really proactive, because that is what this is. It does not say that the government must spend X number of dollars to do anything. It establishes a regime that gives the minister authority to call in the manufacturers, to demand information, to utilize that information, to urge them to do their recall and, if not, to issue a recall himself or herself.
It really gives the regulators a proactive role. It gives them the substance they need to ensure our roads are safe. It gives them the authority they need to ensure that consumers are well protected when they purchase vehicles in which they will trust their lives and the lives of their children and dependents. It goes further. It tells the manufacturers that this is coming down the road. It tells them to get ready for it, to be prepared and to be compliant.
Finally, it provides everybody with the parameters of what does not exist in the current Motor Vehicle Safety Act, and that is a definition for a safety-related defect. The legislation is very specific. It outlines what it is. It gives everybody the parameters under which to operate. Everybody can and ought to, in this instance, obey the law, especially the Minister of Transport.