Marginal note:National trade-marks

• 3. (1) The national safety marks are hereby declared to be national trade-marks and, except as provided in this Act, the exclusive property in and right to the use of those marks are vested in Her Majesty in right of Canada.

• Marginal note:Use of marks

  (2) A company authorized by the Minister in the prescribed manner may, subject to the provisions of this Act, apply a national safety mark, in the prescribed form and manner and on the prescribed place, to a vehicle or equipment of a prescribed class.

• Marginal note:Prohibition

  (3) No person shall use a national safety mark except as authorized by this Act.

• Marginal note:Confusing marks

  (4) No person shall use a mark other than a national safety mark in such a manner that it is likely to be mistaken for a national safety mark.

Marginal note:Interprovincial shipments

4. Except as otherwise provided by the regulations, no company shall ship from one province to another, or deliver to any person for the purpose of being so shipped, any vehicle or equipment of a prescribed class manufactured in Canada unless it has a national safety mark applied to it in accordance with section 3.

Marginal note:Compliance by companies

• 5. (1) No company shall apply a national safety mark to any vehicle or equipment, sell any vehicle or equipment to which a national safety mark has been applied, or import into Canada any vehicle or equipment of a prescribed class unless

  • (a) the vehicle or equipment conforms to the standards prescribed for vehicles or equipment of its class at the time the main assembly of the vehicle was completed or the equipment was manufactured;

  • (b) evidence of such conformity has been obtained and produced in the prescribed form and manner or, where the regulations so provide, in a form and manner satisfactory to the Minister;

  • (c) [Repealed, 1999, c. 33, s. 351]

  • (d) prescribed information is marked on the vehicle or equipment in the prescribed form and manner and on the prescribed place;

  • (e) where required by the regulations, prescribed documentation or prescribed accessories accompany the vehicle or equipment;

  • (f) prescribed information relating to the operation of the vehicle or equipment is disseminated in the prescribed form and manner;

  • (g) records are maintained and furnished in the prescribed form and manner in relation to the design, manufacture, testing and field performance of the vehicle or equipment, for the purpose of

    • (i) enabling an inspector to determine whether the vehicle or equipment conforms to all prescribed standards applicable to it, and

    • (ii) facilitating the identification and analysis of defects referred to in subsection 10(1); and

  • (h) in the case of equipment, the company maintains a registration system in the prescribed form and manner by which any person who has purchased equipment manufactured, imported or sold by the company and who wishes to be identified may be identified.

• Marginal note:Maintenance of records

  (2) A person who maintains records referred to in paragraph (1)(g) or a registration system referred to in paragraph (1)(h) shall cause information therein to be retained for the prescribed period.

• Marginal note:Time of compliance

  (3) Unless otherwise provided by the regulations, a company may apply a national safety mark to, or import into Canada, a vehicle that does not satisfy a requirement of subsection (1) if that requirement is satisfied before the vehicle leaves the possession or control of the company and before the vehicle is presented for registration under the laws of a province.

• Marginal note:Certification by foreign agency

  (4) Where the regulations so provide in relation to a prescribed standard that corresponds to a prescribed enactment of a foreign government, a vehicle shall be deemed to conform to the standard if a prescribed agency of that government has certified that the vehicle conforms to the enactment as applied by the agency, unless the Minister determines that the vehicle does not conform to that enactment as so applied.