Industry Advisor

CANADA PRESIDENT’S MESSAGE

Instant Observations

By Russ Newton — Sure Grip PRESIDENT, NMEDA CANADA

Four years absent from this

position bookended by four years of active duty, with four months of new service, I have some

instant observations. First significant observation was the NMEDA strategic planning session held in April. The event unto itself was a brilliant collaboration of directors, staff and a moderator. The event was laserfocused on where your association would concentrate resources for the next three years. I was fortunate enough to have been a participant in a like-planning session a few years back. While some of the folks around the table were unchanged and the moderator was the same fellow, the

“Simply, had to allude to the quality of

the advancements, the maturity and ongoing initiatives that have occurred over the past four years with NMEDA as an association.”

tone, process, focus, symmetry, and most importantly, resulting mandates are clear, concise, and perfectly created to provide growth for the association and its members. By the time you are reading this you will have seen the outcomes from the session and will see exactly where and how your Association is focused. All of this to say that your volunteer leaders in concert with an incredibly well prepared team of NMEDA staffers was a joy to view.

The second and most notable observation is the way in which NMEDA is now recognized as the preeminent voice in automotive mobility. I am aware of scenarios where NMEDA has collaborated with government agencies, vehicle OEMs and rule/law makers in other countries relative to compliance and quality. Again, simply speaks to the quality and workmanship being applied to our craft by volunteers and staff.

Simply had to allude to the quality of the advancements, the maturity and

ongoing initiatives that have occurred over the past four years with NMEDA as an association.

OK, lots going on in Canada. A new Board now in place: Tamalea Stone, Vice President; Pierre Cote, Secretary; Serge Lavallee, Treasurer; Darin Ashby, Darlene Nargang, and Shelly Pattenden, Directors at Large; and Lars Taylor, Professional Member. NMEDA Canada recently attend the CAOT conference in British Columbia. We had a significant sponsorship role that saw Tamalea Stone address the attendees as part of the opening night program. Tamalea delivered a strong message, leaving no doubt that NMEDA ought to be the sole source for auto mobility in Canada.

NMEDA went to that event with a couple of funders circled as primary targets. I can tell you that we began a very meaningful conversation with a major Canadian funder of auto mobility. That conversation has morphed into one or more faceto-face meetings with that funder looking to understand how NMEDA dealers can provide value and quality to their auto mobility purchases. Darlene from AVS in Kelowna and Lars Taylor our professional member also joined us in Whistler, manning the booth and spreading the good word.

A new initiative from the Canadian group that is being headed by Darin Ashby with help from Aaron Andre is what we are calling our ”Dealer Support Forum.” The first meeting is scheduled for July. The goal is to look broadly at what issues are common amongst our dealers from a service standpoint and look to resolve those common issues as a group versus a single dealer position. I’m excited to see how this progresses.

Lastly, you will notice that this edition of the Circuit Breaker is focused squarely on the upcoming Conference and Auto Mobility Expo. NMEDA Canada will be, subject to attendance, holding a meeting of membership. Once again, I will promise you that the content from an educational perspective will be worth every dollar you invest. We all talk about ROI. Well, the overall benefit available to you far exceeds your cost to be there. Book early, take advantage of the educational opportunities and come home a better equipped operator.

OH YEAH, worth mentioning as well: NMEDA Canada has committed to the undertaking of a fairly aggressive, new social media platform. There will be much in the way of opportunity for you to participate. In fact, much of the success of this platform will be contingent on your commitment to provide content and share with those individuals and Government Agencies who you deem as necessary and valuable to our mission. Watch for announcements, be a player….GO Habs! right Pierre??

MEMBER NOTICE

Amy Lane Full-Time Director Education, Training & Conferences

NMEDA is thrilled to announce

Amy Lane will be joining the NMEDA team fulltime as our Director of Education, Training & Conferences beginning

this September. Amy first stepped into the part-time role of Director of Education & Training in the fall of 2020 when NMEDA and the University of Pittsburgh launched a unique twoyear education partnership.

As that agreement expires this September, we are delighted to share that Amy will be joining us full-time and expanding her responsibilities. In addition to education and training, Amy will be stepping in as the lead in NMEDA Annual Conference management, transitioning many of the conference planning tasks previously handled by Marilyn Myers.

Amy will remain based in Pittsburgh, PA joining us at the Tampa office as needed.

Join us as we congratulate Amy on this new role!

INDUSTRY ADVISOR

TC to Enact Administrative Penalties

By Harry Baergen – Autoregs Consulting

NMEDA CRP COORDINATOR

Harry Baergen was previously the Regulation Enforcement Officer for Transport Canada. Currently, he acts as the Compliance Review Program (CRP) Coordinator for NMEDA.

If you have any questions about the contents of this article, or about the NMEDA CRP, contact Harry Baergen at 778.888.2210. On May 07, 2022, Transport

Canada (TC) issued a Regulatory Impact Analysis Statement (RIAS) proposing to amend the Motor Vehicle Safety Act (Act) to allow enforcement officers to issue Administrative Monetary Penalties (AMPs) for safety defects

and non-compliance. In other words, TC could issue monetary fines without a court order. The fines would be tailored to the seriousness of the violation and would supposedly bring vehicle manufacturers or importers into compliance without leaving them with a criminal record (in Canada the Act is entirely based on the criminal code, unlike in the United States where the Motor Vehicle Safety Act is mostly based on civil law).

By way of background, a U.S. vehicle manufacturer or importer found in violation of the Motor Vehicle Safety Act, notwithstanding the TREAD Act, is subject to civil action in court to a maximum fine of $5,000.00 for each violation and for each vehicle to a maximum of $15,000,000.00 and $5,000.00 per violation per day. Criminal action in court can result in a fine and up to five years in prison.

In comparison, a Canadian vehicle manufacturer or importer found in violation of the Act is subject to criminal action in court to a fine of $200,000.00 to a maximum of $2,000,000.00. An individual is subject in court to a fine of $4,000.00 or to a maximum of two years in prison. TC can also seize vehicles and forfeit them. Where vehicles are seized, a court case is automatically generated, but charges can be dropped if corrective measures are taken by the defendant.

In Canada, TC prosecution cases are a last resort action to obtain corrective measures even though prosecution is intended to set a precedent. Also, prosecution can be resource intensive. Another problem is that commencing litigation action is not decided by the enforcement officer. It is decided by TC internal legal counsel often made up of regulatory lawyers who do not have a litigation background and who may lean toward the political ideology of the day and/ or who may not be familiar with the practical aspects or the broader precedent setting benefits of the case. The TC legal counsel provides counsel for regulations development, assigns litigation cases to law firms and ensures that court cases are registered for future case law, but enforcement may not always be a