Motor Vehicle Safety Act

Version of section 9 from 2002-12-31 to 2014-06-18:

Marginal note:Exemption from standards
  •  (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.

  • 1993, c. 16, s. 9;
  • 1999, c. 33, s. 353.
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