Motor Vehicle Safety Regulations (C.R.C., c. 1038)

15 (1) For the purposes of subsection 10(1) of the Act, a person, other than the first retail purchaser, who obtained a vehicle from a company is a prescribed person.

(2) A notice of defect that is required to be given under subsection 10(1) of the Act shall be in writing, in either paper or electronic form, and

• (a) in the case of a notice given to the Minister, be in either official language; and

• (b) in the case of a notice given to the vehicle’s current owner or a prescribed person

  • (i) be in the person’s official language of choice, if it is known, or

  • (ii) be in both official languages.

(3) A company shall give the notice of defect to the vehicle’s current owner and to the prescribed person as soon as feasible, but not later than 60 days after the day on which the company gives the notice of defect to the Minister.

(4) The notice of defect that is given to the Minister shall contain the following information:

• (a) the company’s name and its contact information for the purpose of correspondence;

• (b) the number, title or other identification that is assigned by the company to the notice;

• (c) for each vehicle that may contain the defect, its prescribed class, make, model and model year and any other information that is necessary to permit its identification;

• (d) the period during which the vehicles were manufactured;

• (e) the estimated number of vehicles that could potentially contain the defect;

• (f) the estimated percentage of the vehicles referred to in paragraph (e) that contain the defect;

• (g) a description of the nature of the defect, including the causes and contributing factors, if known, and a description of the location of the defect;

• (h) the vehicle systems or components that may be affected by the defect;

• (i) a chronology of the principal events that led to the determination of the existence of the defect;

• (j) all relevant information, including a summary of warranty claims, field reports and service reports, with their dates of receipt, that the company used to determine the existence of the defect;

• (k) a description of the safety risk to persons arising from the defect;

• (l) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented;

• (m) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented; and

• (n) the estimated date on which the notice of defect will be sent to the vehicle’s current owner and the estimated date on which the notice of defect will be sent to a prescribed person.

(5) The company is not required to provide the Minister with the information referred to in paragraphs (4)(i), (j), (l) and (m) if it is not available on the day on which the notice is given but shall provide that information as soon as it is available.

(6) A notice of defect that is given to the vehicle’s current owner shall contain the following information:

• (a) the company’s name;

• (b) the make, model, model year and the vehicle identification number;

• (c) the following statements:

  • (i) “This notice is sent to you in accordance with the requirements of the Motor Vehicle Safety Act.”, and

  • (ii) “This is to inform you that your vehicle may contain a defect that could affect the safety of a person.”;

• (d) the number, title or other identification that is assigned by the company to the notice;

• (e) the motor vehicle safety recall number that is issued by the Department of Transport;

• (f) a description of the nature of the defect, including the causes, and a description of the location of the defect;

• (g) the vehicle systems or components that may be affected by the defect;

• (h) operating conditions or other factors that may cause a malfunction of the vehicle system or component;

• (i) the warning signs, if any, of any malfunction that could arise as a result of the defect;

• (j) a description of the safety risk to persons arising from the defect;

• (k) a statement that the defect could cause a crash, if applicable;

• (l) if the defect is not likely to cause a crash, the type of injury that may result from the defect;

• (m) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented, including

  • (i) a general description of the work involved,

  • (ii) the estimated time required in order to take the corrective measures,

  • (iii) a statement that the company will cover the costs of the corrective measures or an estimate of the cost of the corrective measures to the vehicle’s current owner, and

  • (iv) information identifying the persons who can implement the corrective measures;

• (n) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented; and

• (o) a statement indicating that if the vehicle’s current owner has leased the vehicle, the owner shall send to the lessee a copy of the notice and any subsequent notice within 10 working days after the day on which the notice is received.

(7) The company is not required to provide to the current owner the information referred to in paragraph (6)(m) if it is not available on the day on which the notice is given but shall provide that information

• (a) as soon as it is available; or

• (b) at the same time as the company provides the information required under subsection 10.4(1) of the Act.

(8) The words “SAFETY”, “RECALL”, “RAPPEL” and “SÉCURITÉ” are required to be clearly visible

• (a) on the envelope, or through a window of the envelope, in upper case and in a font size that is larger than the one used for the recipient’s address, if the notice of defect is given to the current owner in paper form; or

• (b) in the subject line of the communication, in upper case, if the notice of defect is given to the current owner in electronic form.

(9) A notice of defect that is given to a prescribed person shall contain the following information:

• (a) the company’s name;

• (b) for each vehicle that may contain the defect, its make, model, model year and vehicle identification number and any other information that is necessary to permit its identification;

• (c) the number, title or other identification that is assigned by the company to the notice;

• (d) a description of the nature of the defect, including the causes, and a description of the location of the defect;

• (e) operating conditions or other factors that may cause a malfunction of the vehicle system or component;

• (f) a description of the safety risk to persons arising from the defect;

• (g) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented; and

• (h) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented.

(10) The company is not required to provide to the prescribed person the vehicle identification number required under paragraph 9(b) if that vehicle identification number is published on the company’s website with the number, title or other identification that is assigned by the company to the associated notice of defect.

(11) The company is not required to provide to the prescribed person the information referred to in paragraph (9)(g) if it is not available on the day on which the notice is given but shall provide that information as soon as it is available.