Motor Vehicle Tire Safety Regulations (SOR/2013-198)

National Safety Mark

Marginal note:National Safety Mark

• 7 (1) For the purposes of these Regulations, the symbol set out in Figure 1 of Schedule 1 is prescribed as the national safety mark.

• Marginal note:Authorization by Minister

  (2) For the purposes of subsection 3(2) of the Act, on application by a company, the Minister may, in the form set out in Schedule 2, authorize the company to apply the national safety mark to a tire.

• Marginal note:Application of the national safety mark

  (3) For the purposes of subsection 3(2) of the Act, when a company applies the national safety mark to a tire, the company must

  • (a) reproduce the symbol set out in Figure 1 of Schedule 1 with the minimum height specified in Figure 3 of that Schedule; and

  • (b) permanently mould the symbol into or onto one sidewall of the tire

    • (i) in one of the places shown in Figure 3 of Schedule 1, and

    • (ii) at a depth or height of not less than 0.5 mm and not more than 1 mm as measured from the immediate surrounding surface of the sidewall.

Tire Information

Marginal note:Manufacturers and importers

• 8 (1) A company must, in respect of the tires of each specific size designation and type that it manufactures or imports, provide to the Minister, at the address set out in Schedule 3, to the dealers of the tires, and to any person who requests it, the following information:

  • (a) a list of the rims designed for use with the tires, together with a diagram and the dimensions of each of the rims;

  • (b) a table showing the type of construction and the intended use of the tires, together with the various load ratings; and

  • (c) a table and diagram showing the dimensions of the tires.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of tires of a specific size designation and type if the information specified in that subsection in respect of the tires appears in a publication issued by any of the following:

  • (a) the Tire and Rim Association, Inc.;

  • (b) the European Tyre and Rim Technical Organisation;

  • (c) the Japan Automobile Tire Manufacturers’ Association, Inc.;

  • (d) the Deutsches Institut für Normung e. V.;

  • (e) the British Standards Institution;

  • (f) the Scandinavian Tire and Rim Organization – STRO;

  • (g) the Tyre and Rim Association of Australia;

  • (h) the Associação Latino Americana de Pneus e Aros;

  • (i) the Tire and Rim Engineering Data Committee of South Africa;

  • (j) the South African Bureau of Standards;

  • (k) the Indian Tyre Technical Advisory Committee; or

  • (l) the Instituto Argentino de Normalización y Certificación.

Records

Marginal note:Records

• 9 (1) A company must maintain — for each tire to which it applies the national safety mark or that it imports into Canada — the records referred to in paragraph 5(1)(g) of the Act and retain those records, in paper form or in readily readable electronic form, for a period of at least five years after the day on which the tire is manufactured or imported.

• Marginal note:If records maintained on behalf of company

  (2) If the records are maintained by a person on behalf of a company, the company must keep the name and address of the person.

• Marginal note:Request from inspector

  (2.1) On request in writing from an inspector, a company must send to that inspector a copy, in either official language, of the records referred to in subsection (1) within

  • (a) 30 working days after the day on which the request is mailed; or

  • (b) if the records must be translated, 45 working days after the day on which the request is mailed.

• Marginal note:Tires imported from United States

  (3) If a tire is imported from the United States, records that the manufacturer of the tire maintains and makes available to the Administrator of the United States National Highway Traffic Safety Administration in accordance with section 30166, chapter 301, title 49 of the United States Code are considered to meet the requirements of subsection (1).

Marginal note:Records — mandatory symbols

• 9.1 (1) A company must maintain a record of the symbols required by paragraph 6(4)(b) and the corresponding size designation of the tire.

• Marginal note:Records — optional symbols

  (2) If a company uses the symbols referred to in subsection 6(5), it must maintain a record of the symbols used, accompanied by the full name of the owner of the brand name, if applicable, and a description of the main characteristics of the tire.

• Marginal note:Records — Code of Federal Regulations symbols

  (3) If a company uses the symbols referred to in subsection 6(8), it must maintain a record of the following, with a corresponding legend:

  • (a) the symbols that identify the size designation of the tire;

  • (b) the code that identifies the main characteristics of the tire; and

  • (c) the symbols that identify the name of the owner of the brand name.

• Marginal note:Provision of records to Minister

  (4) A company must, on request, make any record referred to in this section available to the Minister.

Registration Systems

Marginal note:Written notice

• 10 (1) For the purpose of maintaining a registration system referred to in paragraph 5(1)(h) of the Act, the company must provide, to each person who purchases from the company a tire manufactured, imported or sold by the company, a written notice, in both official languages, that

  • (a) permits a retail purchaser to provide to the company, or to a duly authorized representative of the company, the retail purchaser’s name, mailing address and email address, the tire identification number and the date of purchase; and

  • (b) includes a safety message concerning the importance of providing the information.

• Marginal note:On-line registration or card

  (2) If the written notice does not permit the retail purchaser to provide the information to the company by means of an on-line registration system, the company must provide to the person who purchases the tire from the company a card that permits the retail purchaser to provide the information to the company at no-cost.

• Marginal note:Information to be kept in registration system

  (3) The registration system maintained by the company must consist of the information provided under paragraph (1)(a).

• Marginal note:Minimum retention period

  (4) The information kept in the registration system must be retained for at least five years after the day on which the tire is sold.

Importation

General

Marginal note:Declaration

• 11 (1) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a tire of a class prescribed by subsection 3(1), 4(1) or 5(1) must make, at the nearest customs office that is open for business, a declaration that is signed by the company’s duly authorized representative and that sets out

  • (a) the name of the manufacturer of the tire;

  • (b) the name, telephone number, postal address and email address of the company;

  • (c) a statement from the manufacturer or its duly authorized representative that the tire conforms to the standards prescribed for a tire of that class by sections 3 to 5 at the time the tire was manufactured;

  • (d) the brand name, size designation and type of the tire and the number of tires of that size designation and type imported at the same time; and

  • (e) the date on which the tire was imported.

• Marginal note:Importation of 10,000 or more tires

  (2) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada 10,000 tires or more a year may provide the declaration referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

• Marginal note:Tires imported from United States

  (3) A company that imports a tire into Canada from the United States may replace the statement referred to in paragraph (1)(c) with a statement from the manufacturer or its duly authorized representative that the tire was manufactured for sale in the United States and conforms on the day of its manufacture to the requirements established under chapter 301, title 49 of the United States Code.

• Marginal note:Used tires for large motor vehicles

  (4) In the case of a used tire, the statement referred to in paragraph (1)(c) may be replaced with a statement that the tire bears a national safety mark, a DOT symbol used by the United States Department of Transportation or a JIS symbol used by the Japanese Standards Association, if the tire

  • (a) is designed for use on a motor vehicle with a GVWR of more than 4 536 kg;

  • (b) is designed to fit on a rim that has a rim diameter greater than 406.4 mm; and

  • (c) has a load range of not less than D or a ply rating of not less than 8, as specified for a tire of that size designation and type in a publication referred to in subsection 8(2).

Temporary Importation

Marginal note:Prescribed purposes

• 12 (1) For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a tire may be imported temporarily are the following:

  • (a) exhibition;

  • (b) demonstration;

  • (c) evaluation; and

  • (d) testing.

• Marginal note:Declaration

  (2) The declaration referred to in paragraph 7(1)(a) of the Act must be filed with the Minister, be signed by the person importing the tire and contain the following information:

  • (a) the name of the manufacturer of the tire;

  • (b) the importer’s name, mailing address, telephone number, facsimile number and email address and, if the importer is a company, the contact information of a contact person at the company;

  • (c) the brand name, size designation and type of the tire;

  • (d) the date on which the tire is to be presented for importation;

  • (e) the purpose for which the tire is being imported and a statement that it will be used only for that purpose;

  • (f) a statement indicating that the tire will remain in Canada for a period of not more than one year or the period specified by the Minister, as applicable;

  • (g) a statement indicating that the tire will be exported or destroyed before the end of the one-year period or the period specified by the Minister, as applicable; and

  • (h) if the declaration is signed by a representative, a statement by the importer indicating that the representative is authorized to sign.

Notice of Defect

Marginal note:Prescribed person

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

• Marginal note:Form and language

  (2) A notice of defect that is required to be given under subsection 10(1) of the Act must 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 tire’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.

• Marginal note:Period

  (3) A company must give the notice of defect to the tire’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.

• Marginal note:Notice to Minister — content

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

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

  • (b) the name of the manufacturer of the tire;

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

  • (d) for each tire that may contain the defect, its brand name, size designation and type and any other information that is necessary to permit its identification;

  • (e) the period during which the tires were manufactured;

  • (f) the estimated number of tires that could potentially contain the defect;

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

  • (h) 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;

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

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

  • (k) 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;

  • (l) a description of the safety risk to persons arising 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;

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

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

• Marginal note:Unavailable information

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

• Marginal note:Notice to owner — content

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

  • (a) the company’s name;

  • (b) the brand name, the size designation, the type and the tire 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 tire 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 systems or components that may be affected by the defect;

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

  • (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 tire’s current owner,

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

    • (v) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

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

• Marginal note:Unavailable information

  (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 must 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.

• Marginal note:Required wording

  (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 of the tire in electronic form.

• Marginal note:Notice to prescribed person — content

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

  • (a) the company’s name;

  • (b) for each tire that may contain the defect, its brand name, size designation, type and tire 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) the motor vehicle safety recall number that is issued by the Department of Transport;

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

  • (f) operating conditions or other factors that may cause a malfunction of the tire;

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

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

  • (i) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

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

• Marginal note:Unavailable information

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