Proceedings of the Standing Senate Committee on
Transport and Communications

Issue No. 9 - Minutes of Proceedings - November 23, 2016

OTTAWA, Wednesday, November 23, 2016
(43)

[English]

The Standing Senate Committee on Transport and Communications met this day at 6:45 p.m., in room 2, Victoria Building, the deputy chair, the Honourable Michael L. MacDonald, presiding.

Members of the committee present: The Honourable Senators Black, Boisvenu, Doyle, Eggleton, P.C., Greene, Harder, P.C., Lang, MacDonald, Mercer, Plett and Runciman (11).

In attendance: Jed Chong and Nicole Sweeney, Analysts, Parliamentary Information and Research Services, Library of Parliament; Shaila Anwar, Acting Deputy Principal Clerk, and Victor Senna, Procedural Clerk, Senate Committees Directorate.

Also present: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Tuesday, October 25, 2016, the committee continued its examination of Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act.

The deputy chair made a statement.

It was agreed that the committee proceed to clause-by-clause consideration of Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act.

It was agreed that the title stand postponed.

It was agreed that clause 1, which contains the short title, stand postponed.

It was agreed that clause 2 carry.

It was agreed that clause 3 carry.

It was agreed that clause 4 carry.

It was agreed that clause 5 carry.

It was agreed that clause 6 carry.

It was agreed that clause 7 carry.

It was agreed that clause 8 carry.

The chair asked whether clause 9 shall carry.

The Honourable Senator Greene moved that Bill S-2 be amended on page 5, in clause 9, by adding after line 26 the following:

10.52 (1) In this section, dealer means a person who is engaged in the business of purchasing vehicles or equipment directly from a company and reselling it to another person who purchases it for a purpose other than resale.

(2) If, on the date on which an order is made under section 10.5 or 10.61, a dealer still owns a vehicle or equipment that it purchased from a company that is the subject of the order, the company shall, without delay, either

(a) provide the dealer, at the company's expense, with the materials, parts or components required to correct a defect or non-compliance in the vehicle or equipment, in accordance with any terms and conditions specified in the order; or

(b) repurchase the vehicle or equipment from the dealer at the price paid by the dealer, plus transportation costs, and compensate the dealer with an amount equivalent to at least one percent per month of the price paid by the dealer, prorated from the date on which the order was made to the date of purchase.

(3) If the company provides materials, parts or components in accordance with paragraph (2)(a),

(a) the dealer shall install the materials, parts or components in the vehicle or equipment without delay after it has received them; and

(b) the company shall compensate the dealer for the cost of installation and with an amount equivalent to at least one percent per month of the price paid by the dealer, prorated from the date on which the order was made to the date the dealer has received the materials, parts or components.

The Honourable Senator Greene answered questions.

After debate, the question being put on the motion, it was adopted, on division.

It was agreed that clause 9, as amended, carry.

It was agreed that clause 10 carry.

It was agreed that clause 11 carry.

It was agreed that clause 12 carry.

It was agreed that clause 13 carry.

It was agreed that clause 14 carry.

It was agreed that clause 15 carry.

It was agreed that clause 16 carry.

It was agreed that clause 17 carry.

It was agreed that clause 18 carry.

It was agreed that clause 19 carry.

It was agreed that clause 1, which contains the short title, carry.

It was agreed that the title carry.

It was agreed that the bill, as amended, carry.

It was agreed that the chair report the bill, with amendment, to the Senate.

At 7:05 p.m., the committee adjourned to the call of the chair.

ATTEST:

Barbara Reynolds

Clerk of the Committee