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Bill S-2 · 42th Parliament · Justin Trudeau

Strengthening Motor Vehicle Safety for Canadians Act

An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act

Government bill. Became law.

public safety

  1. IntroducedMay 10, 2016
  2. Debated in principleOct. 24, 2016
  3. Studied by a committeeDone
  4. Passed its first chamberFeb. 1, 2017
  5. Passed the second chamberJan. 31, 2018
  6. Became lawFeb. 28, 2018

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Justin TrudeauPrime Minister

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

What it set out to do

The pre-release version of this Legislative Summary is now available. Parliamentarians and their staff can obtain a copy by submitting a request or contacting the Library of Parliament. Members of the public can obtain a copy by the contacting the Information Service at the Library of Parliament. On 11 May 2016, Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act (Strengthening Motor Vehicle Safety for Canadians Act) was introduced in the Senate and given first reading. Bill S-2 amends the Motor Vehicle Safety Act for the purpose of strengthening the enforcement and compliance regime to further protect the safety of Canadians and to provide additional flexibility to support advanced safety technologies and other vehicle innovations. It provides the Minister of Transport with the authority to order companies to correct a defect or non-compliance and establishes a tiered penalty structure for offences committed under the Act. The enactment also makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

Summary by the Library of Parliament.

Where members stand

Votes and debate for this bill have not been read yet.

How it changed on the way

26% of the text as introduced was changed or removed by the time it became law (6,848 words introduced, 5,913 passed). A committee amended it.

moderate changeintent mostly kept

The core enforcement and compliance amendments were retained, but the bill gained new provisions clarifying dealer rights and cost recovery plus expanded interim-order authority. Several procedural details were updated, including shifting exemption power from the Governor in Council to the Minister and lengthening interim orders from one to three years.

  • Exemption power moved from Governor in Council to Minister.
    Before: “the Governor in Council may, by order, grant an exemption”
    After: “the Minister may, by order, grant an exemption”
  • Interim-order duration lengthened.
    Before: “effective for a period not exceeding one year”
    After: “effective for a period not exceeding three years”
  • New sections added on dealer benefits, agreements and rights.
    After: “Available measures and benefits 10.52 For greater certainty, any person, including an automobile dealer, may benefit from any measure referred to in section 10.51”
  • Correction reimbursement wording narrowed to first retail purchaser.
    Before: “the sale price of the vehicle or equipment, less reasonable depreciation, on return of the vehicle or equipment.”
    After: “the sale price of the vehicle or equipment, less reasonable depreciation in the case where the vehicle or equipment has been sold to the first retail purchaser, on return of the vehicle or equipment.”

How precisely it is written

38VaguePrecise

mixedChallenging the law: HardDisputing a charge: Moderate

The bill mixes fixed timelines, defined violation procedures and Tribunal review with repeated subjective tests that turn on ministerial opinion or reasonable belief. This leaves core obligations and enforcement triggers open to argument rather than settled by the text alone.

Open to argument

  • “in the opinion of the Minister, promote the development of”
    Exemption power rests on the Minister's subjective view rather than an objective standard.
  • “that the Minister considers necessary”
    Multiple orders for tests, information or correction hinge on the Minister's personal assessment of necessity.
  • “believes on reasonable grounds”
    Inspector and enforcement-officer entry and seizure powers are triggered by this open-ended belief standard.
  • “means that the Minister considers appropriate”
    Publication and other procedural steps are left to the Minister's discretion without fixed criteria.

Clear-cut

  • “within 30 days after the notice of violation is served”
    Fixed statutory deadline for requesting Tribunal review removes discretion on timing.
  • “a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply”
    Clear statutory distinction between violation and criminal offence eliminates overlap arguments.
  • “not more than the maximum amount prescribed under paragraph 16.1 (b) or (d)”
    Penalty ceiling is expressly tied to regulations, creating an objective upper limit.

Discretion. The Minister and designated officials retain wide latitude to decide what information or tests are necessary, when exemptions serve safety innovation, whether dates are the earliest possible, and how to publish orders or notices.

Challenging the law itself. Although subjective phrases appear throughout, they are embedded in a detailed regulatory scheme with Tribunal oversight, making a successful vagueness or overbreadth challenge under the Charter difficult on the text alone.

Disputing a charge under it. A person facing a notice can readily dispute the underlying facts or the amount of the penalty before the Tribunal, but contesting the Minister's threshold belief or opinion is narrower once the notice is issued.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

Did it work?

no evaluation found

No statutory reviews, parliamentary reports, Auditor General or PBO audits, departmental evaluations of outcomes, court rulings, or peer-reviewed studies assessing the Act's effectiveness in strengthening enforcement or supporting innovations were identified. A 2025 Transport Canada evaluation of road safety programs notes implementation progress on Bill S-2 amendments but does not measure impacts on safety or compliance.

Who lobbied on it

No lobbying registration naming this bill is loaded.

Stages and dates from LEGISinfo.