Marginal note:Offence by employee or agent
18 (1) In a prosecution under this Act, it is sufficient proof of an offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Marginal note:Time limit
(2) A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose.
(3) A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.
19 (1) In a prosecution under this Act, evidence that a vehicle or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles or equipment is, in the absence of evidence to the contrary, proof that the vehicle or equipment was manufactured, imported or sold, as the case may be, by that company.
(2) In a prosecution under this Act, evidence that a vehicle or equipment bearing a national safety mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national safety mark was affixed by the company.
Research, Analysis, Testing and Fees
Marginal note:Powers of Minister
(a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;
(b) undertake research and development programs for the study of the impact of vehicles, drivers of vehicles, and streets and highways on road safety, energy conservation and the environment and for the promotion of measures to control that impact;
(c) establish and operate facilities for the testing of vehicles, equipment and components, and acquire test equipment for that purpose;
(d) make the facilities referred to in paragraph (c) and all related materials, parts and services available to any person;
(e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and
(f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.
Marginal note:Personal information
Marginal note:Fees and prices to be charged
(2) The Minister may, by order, determine or establish the manner of determining a fee to be charged for any facility or service made available to any person under paragraph (1)(d), the price to be charged for any material or part referred to in that paragraph, and the terms of payment of fees and prices so charged.
Marginal note:Application of charges
(3) Any amount charged pursuant to subsection (2) may be applied against the cost of making facilities, materials, parts and services available to persons under paragraph (1)(d).
Marginal note:Recovery of charges
(4) Any amount charged pursuant to subsection (2) may be recovered as a debt due to Her Majesty in the Federal Court.
- 1993, c. 16, s. 20;
- 2014, c. 20, s. 229.
21 [Repealed, 1999, c. 33, s. 354]
22 and 23 [Repeals]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force April 12, 1995, see SI/95-40.]
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