8. [Repealed, 1999, c. 33, s. 352]

Marginal note:Exemption from standards

• 9. (1) On application by a company in the prescribed form, supported by prescribed technical and financial information, the Governor in Council may, by order, grant an exemption for a specified period, subject to any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard applicable to that model where conformity with that standard would, in the opinion of the Governor in Council,

  • (a) create substantial financial hardship for the company;

  • (b) impede the development of new safety features that are equivalent to or superior to those that conform to prescribed standards; or

  • (c) impede the development of new kinds of vehicles, vehicle systems or components.

• Marginal note:Period and extent of exemption

  (2) An exemption for a model may be granted for a period not exceeding

  • (a) three years, where paragraph (1)(a) applies; or

  • (b) two years, in respect of a stated number of units of that model not exceeding one thousand units, where paragraph (1)(b) or (c) applies.

• Marginal note:Conditions for granting exemption

  (3) An exemption may not be granted for a model if the exemption would substantially diminish the safe performance of the model or if the company applying for the exemption has not attempted in good faith to bring the model into conformity with all prescribed standards applicable to it.

• Marginal note:Idem

  (4) An exemption applied for by a company for any period may not be granted on the basis referred to in paragraph (1)(a) where

  • (a) the world production of vehicles manufactured by the company or by the manufacturer of the model that is the subject of the application exceeded ten thousand vehicles in the twelve month period beginning two years before the beginning of that period; or

  • (b) the total number of vehicles manufactured for, or imported into, the Canadian market by the company exceeded one thousand vehicles in that twelve month period.

• Marginal note:Renewal of exemption

  (5) On expiration of the period of an exemption, a new exemption may be granted in accordance with this section.

Marginal note:Obligation to give notice

• 10. (1) A company that manufactures, sells or imports any vehicle or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person, cause notice of the defect to be given in the prescribed manner to

  • (a) the Minister;

  • (b) each person who has obtained such a vehicle or equipment from the company; and

  • (c) each current owner of such a vehicle or equipment as determined

    • (i) from any warranty issued by the company with respect to the functioning of the vehicle or equipment that has, to its knowledge, been given, sold or transferred to the current owner,

    • (ii) in the case of a vehicle, from provincial motor vehicle registration records, or

    • (iii) in the case of equipment, from a registration system referred to in paragraph 5(1)(h).

• Marginal note:Where notice previously given

  (2) A company is not required to cause notice to be given of a defect of which notice has already been given under this section by another company that manufactured, sold or imported the vehicle or equipment.

• Marginal note:Publication of notice

  (3) Where the Minister is satisfied that the name of the current owner of a vehicle or equipment cannot reasonably be determined by a company in accordance with paragraph (1)(c),

  • (a) the Minister may order the company to give notice of the defect by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the following six regions, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia and the Territories, or by dissemination in an alternative medium for such period as the Minister determines; or

  • (b) the Minister may order that the current owner need not be notified.

• Marginal note:Contents of notice

  (4) A notice required to be given under subsections (1) and (3) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the safety risk arising from it and directions for correcting it.

• Marginal note:Particulars to provincial authorities

  (5) Forthwith on receiving any notice under subsection (1), the Minister shall forward full particulars of the notice to the minister or other officer responsible for motor vehicle administration in each province.

• Marginal note:Follow-up reports

  (6) Every company that causes notice to be given under subsection (1) shall submit a report containing prescribed information respecting the defect and its correction to the Minister in the prescribed form within the prescribed period and quarterly thereafter.

• Marginal note:Idem

  (7) Unless the Minister otherwise directs, the quarterly reports referred to in subsection (6) shall be submitted for a period of two years after the day on which notice was given under subsection (1).