:
Mr. Chairman and colleagues, let me first welcome our newest member, Ms. Bonnie Crombie, to the committee.
Mr. Chair, with respect to paragraph three on our first report, and the invitation that we've extended to representatives of Toyota Motor Corporation, I just want it to be very clear, on the record, that when we discussed who we wanted, we were looking for those people who had the decision-making capacity with respect to Toyota Motor Corporation and its products in Canada and, I dare say, in the United States.
I proposed, as you see in the report, Mr. Yoshimi Inaba. My understanding is that Toyota Canada is proposing somebody different.
Now, the person who represents Toyota Canada, Mr. Stephen Beatty, in response to a question from the Financial Post about why Yoshimi Inaba was the correct person to appear before the congressional committees in the United States, answered as follows:
The North American president [Yoshimi Inaba], the person responsible for all the consolidated operations in North America, is the person that will appear before the committee and was the one invited to appear before the committee and the person most intimately aware of all those operations and the chronology.
That's making reference to Toyota in North America.
He is the right person to be there.
And in my view, “there” also means here.
When Mr. Beatty was asked why Mr. Inaba was a better person than the president of the company, he went on to explain as follows:
In part, because he was the former president of Toyota Motor Sales and has steered the company through those years of its development in North America.
Now, why would we accept anybody less than that to appear before this committee? Are we going to allow the suggestion to prevail that Toyota doesn't think as highly of its Canadian market as it does of its North American market; or maybe that the congressional committees in the United States are more worthy of deference than the House committees here in Canada; or maybe that the consumers in Canada are not as worthy of protection and access to information as those in the United States; or, even worse, in terms of the information that's going to be sent, all of the proprietors of Toyota products in the United States are worthy of greater attention than those in Canada?
Mr. Chairman, I just want it to be on the record that if Mr. Inaba is not here, there's no need for us to talk to anybody else. As far as we're concerned, there's no need for us to talk to any of the other officials that Toyota wants to present before this committee. It's absolutely ridiculous that we should be treated as second- and third-class parliamentarians in North America and as consumers not worthy of the protection that Toyota is offering the rest of its consumers around the world and in North America.
It is nice to be back here at the transport committee.
Mr. Volpe is correct in identifying this as a serious issue. It relates to the type of testimony we will get. I would actually prefer that Mr. Toyoda would also come to Canada. This is about reciprocity concerning how Toyota is dealing with the recall issue, not just in the United States, but, more importantly for us and our responsibility, in Canada.
There is clearly a difference in what is taking place. In the United States Mr. Toyoda has identified several different features that they will provide their customers and also non-customers of assurances of public safety from what they are doing here in Canada.
To have obstruction of suggested witnesses to this committee is very concerning at this particular point, because we are asking for something that is very simple and very succinct relative to what is happening on Capitol Hill, where Toyota customers in the United States enjoy different benefits of this recall, where their country will get different results due to these recalls, and accountability. In fact, Mr. Toyoda promised the U.S. Congress worldwide information that Toyota has yet to provide to this committee and the industry committee, which I have requested they provide. They will provide that information to the United States, but they will not provide that, at this point and date, to this committee or the industry committee.
These are serious matters that need to be investigated. I am hoping, at the very least, that they will understand we are serious about looking at this issue. We expect the same treatment as our cousins to the south. Anything less will be unacceptable to the people of Canada.
:
Thank you very much, Mr. Chairman, for allowing us to appear before your committee to discuss what for us is a very important issue.
First allow me to introduce myself. My name is Gerard McDonald, as the chair noted, and I am the associate assistant deputy minister for safety and security within Transport Canada. This includes the oversight of our road safety program. I'm accompanied today by two of my colleagues, Monsieur Louis-Philippe Lussier, the chief of our defects investigation and recalls division, and Mr. Trevor Lehouillier, head of our defects investigation section.
My officials and I have been working hard on issues related to the recent recalls affecting some of the models of Toyota and Lexus vehicles.
[Translation]
I am here to provide some background on the issue, outline the action the department has taken to protect Canadian motorists, and clarify the manufacturer's obligations under the Motor Vehicle Safety Act.
[English]
In terms of background, as you know, Toyota recently announced a series of recall and recall extensions affecting several of its vehicle models. The first recall in October 2009 dealt with the potential for an unsecured or incompatible driver's floor mat to interfere with the accelerator pedal. A second recall was issued in January 2010 due to certain accelerator pedal mechanisms that may mechanically stick in a partially depressed position or return slowly to the idle position when released.
Last month, Transport Canada was informed of additional recalls involving the 2010 Prius and Lexus hybrid vehicles and some 2010 Camrys. Under the Motor Vehicle Safety Act, all manufacturers or importers who become aware of a safety-related defect in their vehicle must give immediate notice of such defects to the government and affected owners. If they don't, recourse is available, including legal action against the company.
[Translation]
In each of these cases, Toyota informed Transport Canada as per their legal obligation under the act. And in each case, Transport Canada met with Toyota to discuss each recall and to push Toyota to take all necessary corrective actions so that the safety of consumers is protected.
We made sure that Canadian consumers were provided with the full extent of safety related repairs that Toyota customers in the U.S. will receive, despite some differences in the models across the border.
Likewise, our officials are working with General Motors of Canada Limited as well as other manufacturers to ensure corrective action is taken by all of them.
With respect to the incompatible floor mat issue, Canadian owners of affected Toyota and Lexus vehicle models were notified directly by Toyota about the measures. The floor mats installed in Toyota cars sold in Canada are different than those sold in the United States. Specifically, our floor mats are less rigid than those in the U.S. and better conform to the shape of the floor of the vehicle.
Nevertheless, we still required Toyota to undertake additional measures to reduce risks to their customers, in parallel with the repairs that are being made to U.S. vehicles.
[English]
With respect to the sticking pedal recall, Toyota Canada informed Transport Canada on January 21, 2010, of the sticky pedal issue when they issued a notice of defect, taking responsibility for this defect and for its remedy. The very next day, departmental officials met with Toyota to discuss the issue, and on January 29, 2010, Toyota presented us with the technical solution to fix the sticking accelerator issue as well as their action plan to implement the solution. Part of the solution includes Toyota directly notifying Canadian owners of affected Toyota and Lexus vehicle models about the recalls. It also includes Toyota Canada undertaking a safety improvement campaign for Canadian customers.
Finally, the department has investigated the Prius braking issue and remains in continual communication with Toyota Canada to ensure all identified defects in these vehicles are addressed and remedied as quickly as possible.
[Translation]
As a matter of normal business practice, we are also in continual contact with our defects investigation and recalls counterparts in the U.S. Governments National Highway Traffic Safety Administration to compare notes and to share information on our respective investigations. The vehicle fleets in the two countries are more similar than they are to other countries. This is because our safety and other standards are closely harmonized. Hence, it behooves the two sides to share information since problems may crop up first in one or the other country. And this is indeed happening.
While Toyota Canada is currently meeting its legal obligations to the Government of Canada, Transport Canada will monitor the completion and the effectiveness of the different recall campaigns. Transport Canada has a system in place to track, log and follow public complaints of potential safety defects in vehicles. In fact, an average of 1,200 complaints are received, logged and analyzed each year by a team of 10 full-time technical investigators.
[English]
Canadians who call to lodge a complaint don't simply leave a message. They actually speak to a specialist who has the knowledge to gather the necessary information required to properly evaluate the complaint. Following initial screening of complaints, information is entered into the public complaint database and then is used during the process of research and investigation. Copies of each complaint are forwarded to the company to ensure it is aware of the event and file findings.
Transport Canada officials also meet regularly with manufacturers and the two sides share information on consumer-related issues. While the responsibility for determining the existence of safety-related defects rests with the manufacturer, Transport Canada's investigators also independently gather evidence to help determine whether a safety-related defect exists in a group of vehicles.
If we believe a safety-related defect may exist, we will gather additional evidence to confirm if our belief is correct. We do this through vehicle component inspection, testing, and other proven investigative techniques. If a company and Transport Canada cannot come to an agreement about the existence of a defect, the department will prepare a case file alleging non-compliance with the notice of defect provision of the Motor Vehicle Safety Act and submit it to the Attorney General for prosecution in the courts.
Members of the committee, the Government of Canada expects all vehicle manufacturers, including Toyota, to be fully accountable and transparent in identifying problems with their vehicles and to take all actions necessary to ensure the safety of consumers. We will continue to monitor very closely all developments related to recalls involving Toyota, and we will continue our work to protect Canadians. We want Canadians to enjoy safe vehicles and to have confidence in their vehicles.
Mr. Chairman, I would now like to table a document, with your permission, that the committee members may find useful. The document is a list of all complaints since the year 2000 regarding Toyota vehicles that we have in our database deposited by Canadians on potential safety-related defects. I would note that this information is documented in the language used by individual vehicle owners who contacted Transport Canada to report their particular problems. In essence, Mr. Chairman, we would like to be as open as possible with the committee.
Mr. Chairman, with your concurrence, I would now ask Mr. Lehouillier to present a brief PowerPoint deck to provide some useful background on defect investigations and recalls that the committee may find useful, and then we would be happy to take any questions the members may have.
:
Mr. Chairman, I want to thank Mr. McDonald for coming to give his presentation.
I listened dutifully, but when he introduced the presentation of a document he was prepared to table--I think those were his exact words--as being some supporting evidence for the fact that the department has been doing things in a very competent and legal fashion, and he doesn't have it for us in both official languages, I think he's testing the patience of members of Parliament and he's impugning the integrity of the committee to have access to information it is investigating.
If he's not prepared to provide us with the documentation he says is important, I think there is very little use in hearing whatever else he's got to say. Otherwise, we're going to be questioning his credibility for the rest of this sitting. I just find this absolutely unacceptable.
As does Monsieur Laframboise, I have my questions ready as well. But this is absolutely unacceptable that a witness, especially a member of the department, would come forward and say, “Listen to me, I'm doing a great job. And by the way, just so you know what a great job I'm doing, I'm going to give you a document that shows what a job I've been doing for the last ten years, but I don't have it here and I don't have it in both official languages and I haven't compiled it yet.”
What kinds of fools do you take us for?
I appreciate the opportunity to come and talk about our program and give you some more insight on how we work and what we do.
I'll go to the first slide of the presentation. This is just a quick overview of how we work, somewhat differently, I guess, than the United States. In the United States they have a much larger population and they do receive significantly more complaints than we do here in Canada. In Canada we have a 1-800 line that covers all of Canada, right from B.C. to Newfoundland. If a Canadian consumer has a complaint with respect to safety and it ties back to the manufacturing of the vehicle, you can pick up the phone and call 1-800 and get a trained investigator on the line.
Our investigators screen the calls and put them into a public complaint database. Besides calls, we also have access through the web. We have an online public complaint form, which the consumer can go to our website and complete. You do require a Canadian postal code and a vehicle identification number to get through the process, to verify that we're not getting a bunch of complaints that may not relate to Canadian citizens. We still take complaints via letter, via fax, and the odd time we even have people stop in at our facilities. Our headquarters is located in the east end of Ottawa, and at times people will stop in and visit us.
We also deal a lot with third parties--police agencies, insurance companies, coroners offices, that type of idea. We often will get a call from a police agency where they feel maybe there was an issue in a collision and bring us some information and look for our assistance to try to determine what took place and whether there is a potential that a defect contributed to that crash.
We do approximately 1,200 complaints per year. Do keep in consideration that we are not a consumer agency with respect to dollars and cents. We are an enforcement group. We have badges as enforcement groups. We are enforcing the Motor Vehicle Safety Act, more specifically section 10, “Notice of Defect”. In layman's terms, that is recall.
Every complaint really and truly is an investigation. Some investigations may be very quick, a matter of doing some research through technical websites, through technical databases, through our own database, to try to see what we're aware of. The other thing we have to keep in consideration is safety. If something falls outside of safety, unfortunately it's not our mandate. So if a consumer has a concern such as paint peeling, there's not much we can do with respect to the Motor Vehicle Safety Act. However, we try to lead that person to appropriate agencies that can be of assistance, whether it be a provincial agency, a consumer agency, even small claims court.
Our investigations can consist of not only research but also vehicle testing, part failure analysis, component analysis, and at times we will have vehicles shipped or parts shipped to our headquarters in Ottawa. We'll deal with outside labs as well, including the Transportation Safety Board and the Quality Engineering Test Establishment of the armed forces, as well as private companies.
We also continually communicate with vehicle manufacturers and parts suppliers. Often manufacturers are aware of technical information that we need to get our hands on, and under the act we do have the ability to request that information and the manufacturer has to oblige as to what we request. So if we need engineering documents, that type of idea, we do need to go to that source to get that information.
There are three directions we can head in. We can put something in what we call “monitoring state”. For example, maybe we understand the issue, maybe we've been down that road, or maybe there is one complaint in all of Canada, that type of idea, and safety is minimal. There are different circumstances. We will continually monitor things. If we have one complaint today, if the phone rings tomorrow it could be number two and it might lead us in a different direction. So we are always monitoring what's coming through our door.
Secondly, we can deactivate an issue. Often we'll deactivate an issue when a manufacturer does a safety recall campaign or a notice of defect. They've come to the table and they've indicated they have identified an issue and they're taking corrective action to take care of the consumer. Therefore, we would typically, if we're satisfied with everything, deactivate the file and move on.
There is also the ability to prosecute. What we would do is put together a case file, present it to the attorney general and have them lay a charge under the Criminal Code of Canada, which is a significant difference from the United States. Our charge is to our criminal code; they're not civil. There is the possibility of jail time as well as financial damage, and that prosecution would be for failure to give a notice of defect. That means not notifying owners or not notifying the government of the issue.
This next slide was just put together to demonstrate some of the complaints we've received over the years. You're looking at 2000 to 2010. These are all complaints. So this is not necessarily sudden acceleration, airbag, seat belts. This is everything. The tallest bar in the column is all complaints combined. As for the bars beside it, the first one is Toyota over the years. We have also referenced the other three largest manufacturers in Canada, General Motors, Ford, and Chrysler, as a comparison.
When you look at the data, you will see that there is a spike come 2009 and 2010. That spike coincides with September 2009, which of course many of you are aware is when there was a tragic situation in California with respect to a crash that killed four people, alleged to be caused by a floor mat.
The media has done a very good job of bringing this issue out, and it has significantly increased the complaints coming to our door, not only with Toyota but with other manufacturers. I would say that as of today we have over double the complaints we would have received in prior years up to today.
The next slide represents recalls in Canada. The bars represent the population of vehicles and the line represents the number of recalls in Canada.
Recalls are not something new. They have pretty much doubled over the last 10 or 15 years; however, they do happen on a daily basis. Often consumers are not aware of that, but they are coming to our door every day. We are putting them into the system, monitoring them, and working with manufacturers to make sure that the appropriate actions are taken.
You'll see that the largest year for vehicle population was 2004—up around three million vehicles. The largest year for the number of recalls was 2008, with approximately 459. Keep in mind, not only do we look at motor vehicles, but we also look at child restraints and tires. So we also have data with respect to those pieces of equipment.
Thank you very much for the opportunity to present this information. We're more than happy to answer any questions you have today.
With respect to the black box, two points, and I will answer both of your questions, Mr. Volpe.
First off, on the black box, we do have it. It is a prototype tool. Our group is currently working with it to verify that the data is accurate. What we are doing is taking data from our crash test centre, because we know those crashes and we understand what happened in those crashes, and we are doing downloads. Keep in consideration that the box may not work on every vehicle. Also keep in consideration—and I'm using this from previous experience with other manufacturers—you typically require an airbag deployment to set a system in time. Therefore, if there is an event without an airbag deployment the black box reader may tell you nothing.
With respect to the situation in B.C., yes, that issue came to our attention as of yesterday afternoon, late afternoon, Eastern Standard Time. Our field investigation team has been on the phone with the gentleman and we already have recent information from the black box as far as the label so we can try to determine if it can even be downloaded. It will be in transit, likely today or tomorrow, from the owner to our field team, and then to Ottawa for us to attempt to download. However, prior to downloading that box we want to verify that the data that's coming out of it is appropriate and that we do not disturb the information that's in it by doing something incorrect.
This device is such a prototype that there is not even an instruction manual with it. Toyota Canada has given it to us. They do not have any technical expertise with respect to that device because that is coming directly from Japan, where it was manufactured.
:
I'll answer those two things.
Since 2006, issues relating to the accelerator pedal, floor mats, engine driveability--this could be a situation where the operator says, “I was sitting at a light and all of a sudden my engine RPM jumped up 500 RPMs,” or something along those lines. From January 1, 2006, to August of 2009—I'm using that as a cut-off date—we only had 17 complaints. That's all Toyotas; that's all issues.
With respect to floor mats, do keep in consideration that there is a difference between Canada and the United States. The floor mats that are subject to the U.S. recall are different in Canada, and in Canada the floor mats are not being replaced.
There was one particular model—the Venza—that had an issue with floor mats. We had two complaints with the Venza. We brought that issue to Toyota Canada, which was in the timeframe of the recall. Originally, they were recalled in Canada only. There was not a recall in the United States. Since that time and over the last number of months they have expanded that to the United States. We were a leader with the Venza. The Venza was not even subject to a U.S. recall; however, because of the fact that we brought the two complaints to Toyota, they took corrective action with the Venza.
:
My experience on the assembly line, having worked in the auto industry.... I actually received a head injury at one point and they stopped the line for 45 minutes. I remember my zone manager standing over me and everyone else was screaming to get the line started again, because it's very costly.
Toyota stopped production in a number of factories for a lengthy period of time over this particular issue. This is not an insignificant problem we're addressing here. In terms of the current pedal versus the modified pedal--I was provided with a picture of this--the remedy announced...well, there are two solutions to correcting the problem, which have been presented to you. One is for anything that had already been produced and is sitting on a dealer lot or is owned by a consumer. Then there was a redesign of the pedal mechanism for anything once production resumed.
Looking at the repair for existing production and those owned by consumers, a precision-cut stainless steel reinforcement bar, as Toyota calls it--in lay terms we know that as a shim--has been applied to it.
My question, and they confirm in a document presented to me--I'm looking at it. They say on page 3, “The company has confirmed the effectiveness of the newly modified pedals that had previously shown a tendency to stick.”
With respect to this shim, can you confirm whether it's as durable a design as the redesigned pedal? In other words, are we going to be looking at a fix a year from now, two years from now, three years from now, or four years from now for those who got a repair as opposed to a redesign?
:
Maybe I can try to answer, Mr. Chair.
I had talked about whether we have enough staff, in answer to the previous question. As I said, given the 1,200 complaints that we receive each year, we feel that we do have an adequate number of staff to deal with those complaints.
When we talk about the 17 acceleration-related complaints that we received from Toyota, again, not all of those complaints, or not any of those complaints based on our investigation, could be related back to a sticky pedal.
It's also important to note that of the 17 acceleration complaints to Toyota, this was not particularly different from the number of acceleration complaints we would have received regarding the manufacturers of other vehicles in Canada. There was nothing within those complaints that would have given us rise to have any particular concern for Toyota vehicles.
I also would like to add that when we receive a complaint, it does not necessarily mean that there is a particular defect. That's what Trevor and his people try to determine when they get the complaint: what was the problem? When our people go to do the investigation, they may find that the acceleration issues could be as simple as human error, in many of those cases. In many cases, it's something else. It might be the floor mat, or it might be some other particular instance that took place.
So when they receive the complaint, it gets a general categorization under the term “acceleration-related”. It's then up to Trevor and his people to determine, when drilling down on the particular complaint, what is the actual problem related to that. If they can determine that, the file gets put in a dormant category. If not, we continue to do investigations. If we find there are some similarities in complaints, that then causes them to drill down further to find out whether there is something we should be pursuing.
That is exactly what happened in the case of the Venza. With the floor mat for the Venza, they found one. While one is not a recurring problem, when they found two, that gave them some rise for concern. That was the point when they started talking to Toyota.
As the chair, you took a point of privilege and asked a question that I was going to ask.
I want to go back to talking about the complaints process that's available to Canadians. You said that the average number of complaints that you receive in a year is 1,200. So we're talking about three per day. I have a number of questions here, and I'll just lump them all together.
Do you do any determination on those complaints--i.e., whether they are perchance frivolous? And how do you define a frivolous complaint?
Do you track them by gender? Is there ever any discussion about footwear that may be used when these happen? I do a lot of driving and I wear high heels when I drive. Is that something that comes into the discussion, that footwear is looked at?
Do you track them by locale? Do more complaints come from urban areas or rural areas? Do they come from the east or the west?
Do you track them by weather? Is that another variable that goes into the process?
Do you track them by whether the car is a manual or a standard shift? Is that something that comes into this?
What responsibility is there on a mechanic? This is a question that I think the chair was asking. Do you get questions or do you get complaints from mechanics, from Midas or any of these other alternates to dealers who provide service? Do you get complaints coming in from them? Do they raise a point with Transport Canada?
Finally, you started to address this, Mr. McDonald, but I'm wondering what number of complaints would start to raise a red flag for Transport Canada that there is a problem out there if we're looking at three per day that are coming in on any variety of issues.
:
Just to expand on the frivolous, often it's because there is a financial cost in having a vehicle repaired. When we provide you with the presentation that we gave on Monday, you'll see that there are typically four things that we look at.
We look at the fact that the issue ties back to manufacturing. If the issue is service-related--for example, you have your brakes serviced and your brakes fail--that doesn't fall under the mandate of Transport Canada. It falls under provincial regulation, servicing and licensing. Therefore, there will be a number of complaints that tie back to servicing.
There are also complaints in which safety is not a concern. Safety is the big thing for us.
We also look at what warning is provided to the operator. For example, a wheel bearing is making noise. Maybe the wheel bearing is defective, but it's making noise, giving you, the operator, some feedback that you need to do something. You need to take that vehicle and get it serviced. If you ignore that noise for six months and then the wheel falls off because of that, you do have a responsibility as an operator. That's something that we would consider during the process of our investigation.
So with frivolous, yes, there definitely are some complaints that are frivolous. We do not look at 1,200 vehicles a year. We look at a percentage of those. I can get back to you with more details on vehicle inspections and that type of idea, the exact number. I don't want to throw out a number only to lead you down the wrong road.
Dealers are not regulated by Transport Canada. They would fall under provincial regulation for the licensing of technicians. I am not aware of anything that would suggest that they have, besides ethically, a responsibility to bring something to Transport. I'm assuming they would bring that to their technical people. Manufacturers have these types of services. They have technical representatives, regional representation. If there are issues, they are being brought to the manufacturer through their dealer network in that sense.
I'm not sure if I've covered all of your questions.
:
Oh, yes; footwear and weather. Those types of things are definitely considered when we're looking at situations.
As an example, among the complaints that are going out, there is one complaint where the gentleman complains that the only time it happens is in the winter, when he has his winter boots on. You know, I don't think we necessarily have to hold a full-blown investigation to get an understanding of what might be taking place in that particular type of case.
So yes, we look at footwear, we look at weather, we look at regions. We do not necessarily document things and say, okay, we have five cases with women and five cases with men. We wouldn't go that specific. However, for these types of cases, footwear is definitely a consideration.
The floor mats that are used is a consideration always, to the point where we actually issued a safety advisory in 2007 with respect to floor mats. The reason was that we were seeing aftermarket floor mats. The federal government does not regulate aftermarket components. That's a provincial area. However, we were seeing where aftermarket floor mats were interacting with pedals. We took a proactive action to issue this advisory. It's on our website. It was issued in 2007, informing people how to properly install their floor mats because of the fact that we had seen it with aftermarket floor mats.