Maintenance and Submission of Records
38. (1) A company shall maintain, in writing or in a readily readable electronic or optical form
(a) the evidence of conformity referred to in paragraphs 35(1)(a) to (c) and section 36 and records referred to in paragraph 153(1)(g) of the Act for a period of
(i) at least eight years after the date of manufacture, for engines and vehicles, other than motorcycles, and
(ii) at least six years after the date of manufacture, for motorcycles;
(b) for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, in respect of each model year, the records referred to in section 37 and a copy of its end of model year report under section 32, for a period of eight years after the end of the model year; and
(c) for motorcycles, in respect of each model year, the records referred to in section 37.1 and a copy of its end of model year report under section 32.7, for a period of three years after the due date of the end of model year report.
(2) If the evidence of conformity and records referred to in subsection (1) are maintained on behalf of a company, the company shall keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.
(3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company shall provide the Minister with the evidence of conformity, records or summary, in either official language, within
(a) 40 days after the request is delivered to the company; or
(b) if the evidence of conformity or records referred to in section 35 or 36 must be translated from a language other than French or English, 60 days after the request is delivered to the company.
- SOR/2006-268, s. 14.
IMPORTATION REQUIREMENTS AND DOCUMENTS
39. (1) Subject to subsection (2), any person importing a vehicle into Canada shall submit a declaration at a customs office, signed by that person or their duly authorized representative, that contains the following information:
(a) the name and street address and, if different, the mailing address of the importer;
(b) the name of the manufacturer of the vehicle;
(c) the date on which the vehicle is imported;
(d) the class, make, model, model year, and identification number of the vehicle;
(e) in the case of a company, a statement that the vehicle bears the national emissions mark or that the company has the evidence of conformity referred to in section 35 or 36; and
(f) in the case of a person that is not a company,
(i) a statement from the person that the vehicle bears
(A) the national emissions mark,
(B) the U.S. emission control information label referred to in paragraph 35(1)(d) showing that the vehicle conformed to the EPA emission standards in effect at the time of its manufacture, or
(C) a label showing that the vehicle conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture, or
(ii) a statement from the manufacturer or its duly authorized representative that the vehicle conformed to the standards set out in these Regulations, or to the standards referred to in clause (i)(B) or (C), at the time of its manufacture.
(2) For the purposes of paragraph 153(1)(b) of the Act, any company that imports more than 2,500 vehicles into Canada in a calendar year may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.
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