2017 Legislative Session: 6th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. ANDREW WEAVER

BILL M 232 – 2017

MOTOR VEHICLE AMENDMENT ACT, 2017

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

This Bill would prohibit tampering with emissions control devices in motor vehicles after their sale.

Part 1

Section 47 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following is substituted:

Pollution control devices on motor vehicles

47 (1) [Repealed RS1996 (Supp)-318-10.]

(2) A person must not operate a motor vehicle of a class or type that, by regulations made under this Act or under the Environmental Management Act , is required to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle has the system or device installed on or incorporated in it and makes effective use of the system or device.

(3) [Repealed RS1996 (Supp)-318-10.]

(4) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall sell, or offer, expose or advertise for sale, such motor or motor vehicle unless the motor or motor vehicle has such system or device so installed, attached or incorporated and such system or device functions in the manner in which it was intended to function.

(5) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall remove or cause or permit the removal of the system or device from the motor or motor vehicle, except as permitted by subsection (6).

(6) A person may repair the system or device or replace the system or device by a system or device of the same type or of a type prescribed by the regulations.

(7) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle a system or device to prevent or lessen the discharge of any contaminant, the owner of such motor or motor vehicle shall not operate or cause or permit the operation of such motor or motor vehicle nor shall any person knowingly operate or cause or permit its operation unless such motor or motor vehicle has installed on, attached to or incorporated in it such system or device, and such system or device functions in the manner in which it was intended to function.

(8) A person who contravenes this

section commits an offence and is liable on conviction to a fine of not less than $50 and not more than $5,000.

Explanatory Note

This Bill would prohibit tampering with emissions control devices in motor vehicles after their sale.

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c) Queen's Printer, Victoria, British Columbia, Canada