4th Session, 42nd Legislature

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Bill 232

THE CATALYTIC CONVERTER IDENTIFICATION ACT

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

The following definitions apply in this Act.

"catalytic converter" means a device through which exhaust from a motor is passed in order to prevent or lessen the emission of contaminants. (« convertisseur catalytique »)

"motor vehicle dealer" means a person who holds a dealer's permit issued under the Dealers, Salespersons and Recyclers Regulation, Manitoba Regulation 40/2006. (« commerçant de véhicules automobiles »)

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"regulation" means a regulation made under this Act. (« règlement »)

"vehicle identification number" means a vehicle identification number as defined in The Drivers and Vehicles Act. (« numéro d'identification de véhicule »)

Dealer to mark VIN on catalytic converter

2(1)

Subject to the regulations, a motor vehicle dealer must ensure that every motor vehicle with a catalytic converter that is sold by the dealer has its vehicle identification number marked on the catalytic converter in accordance with subsection (2). For certainty, this obligation applies to the sale of new and used motor vehicles.

Method of marking VIN on catalytic converter

2(2)

The vehicle identification number must be

(a) etched directly onto the exterior of the catalytic converter; or

(b) attached to the exterior of the catalytic converter in a prescribed manner.

No removing VIN from catalytic converter

3

A person must not remove, deface, alter or obliterate the vehicle identification number that has been marked on or attached to a catalytic converter.

Offences and penalties — individuals

4(1)

An individual who contravenes this Act is guilty of an offence and is liable on conviction

(a) for a first offence, to a fine of not more than $5,000; and

(b) for a second or subsequent offence, to a fine of not more than $15,000.

Offences and penalties — corporations

4(2)

A corporation that contravenes this Act is guilty of an offence and is liable on conviction

(a) for a first offence, to a fine of not more than $15,000; and

(b) for a second or subsequent offence, to a fine of not more than $50,000.

Liability of directors and officers

4(3)

If a corporation commits an offence under this Act, a director, officer, employee or agent of the corporation who authorized, permitted, participated or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalties set out in subsection (1), whether or not the corporation has been prosecuted or convicted.

Regulations

5

The Lieutenant Governor in Council may make regulations

(a) exempting specified types or classes of motor vehicles from the requirements of section 2;

(b) defining any word or phrase used but not defined in this Act;

(c) prescribing anything referred to in this Act as being prescribed;

(d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

RELATED AMENDMENTS

Amendments to Bill 9

6(1)

The Scrap Metal Act, Bill 9, introduced in the Fourth Session of the 42nd Legislature is amended by this section.

6(2)

The following is added after subclause 3(b)(iii):

(iii.1) in the case of a catalytic converter, any vehicle identification number marked on the converter,

6(3)

The following is added after section 8:

Reporting VIN information on catalytic converter to MPI

8.1

If a scrap metal dealer purchases a catalytic converter with a vehicle identification number marked on it, the dealer must immediately provide Manitoba Public Insurance with the records collected at the time of the transaction.

C.C.S.M. reference

7

This Act may be referred to as chapter C24.1 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

8(1)

This Act, except section 6, comes into force on the day it receives royal assent.

Coming into force: section 6

8(2)

Section 6 comes into force on the day that section 1 of The Scrap Metal Act, Bill 9 of the Fourth Session of the 42nd Legislature, comes into force.