Motor Vehicle Safety Act (S.C. 1993, c. 16)

Vehicle Exemptions

Marginal note:Exemption from standards

• 9 (1) On application by a company as provided for in the regulations, the Minister may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if the exemption from that standard would, in the opinion of the Minister, promote the development of

  • (a) new safety features that are equivalent to or superior to those that conform to prescribed standards; or

  • (b) new kinds of vehicles, technologies, vehicle systems or components.

• Marginal note:Conditions for granting exemption

  (2) An exemption must only be granted for a model if the exemption would not substantially diminish the overall safety performance of the model.

• Marginal note:Publication

  (3) Each exemption order must, as soon as feasible, be published through the Internet or by any other means that the Minister considers appropriate.

• (4) [Repealed, 2018, c. 2, s. 6]

• 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.

Notices of Defect and of Non-Compliance and Orders

Marginal note:Notice of defect

• 10 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to

  • (a) the Minister, on becoming aware of the defect; and

  • (b) the current owner and any other prescribed person, within the period provided for in the regulations.

• Marginal note:Notice already given

  (2) A company is not required to give notice of a defect

  • (a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or

  • (b) for which a notice of non-compliance has been given under section 10.1.

• Marginal note:Subsequent notice

  (2.1) If the Minister determines that a defect has not been corrected in an adequate number of vehicles or equipment for which notice was given under subsection (1), the Minister may, by order, require the company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the defect corrected. In making this determination, the Minister shall take into consideration, among other things,

  • (a) the nature of the defect;

  • (b) the safety risk arising from it; and

  • (c) the total number of vehicles or equipment affected.

• Marginal note:Unknown owner

  (3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company,

  • (a) the company shall give notice in any other manner that is acceptable to the Minister; or

  • (b) the Minister may exempt the company from the requirement to give notice to the current owner.

• Marginal note:Power to order

  (4) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give notice of a defect in the manner specified in the order, if the Minister considers that it is in the interest of safety.

• Marginal note:Statutory Instruments Act

  (4.1) The Statutory Instruments Act does not apply to an order made under subsection (2.1) or (4).

• 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.

• (6) and (7) [Repealed, 2014, c. 20, s. 221]

Marginal note:Notice of non-compliance

• 10.1 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to

  • (a) the Minister, on becoming aware of the non-compliance; and

  • (b) the current owner and any other prescribed person, within the period provided for in the regulations.

• Marginal note:Notice already given

  (2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment.

• Marginal note:Exception

  (3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b).

• Marginal note:Subsequent notice

  (4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things,

  • (a) the nature of the non-compliance;

  • (b) the safety risk arising from it; and

  • (c) the total number of vehicles or equipment affected.

• Marginal note:Unknown owner

  (5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company

  • (a) the company shall give notice in any other manner that is acceptable to the Minister; or

  • (b) the Minister may exempt the company from the requirement to give notice to the current owner.

• Marginal note:Particulars to provincial authorities

  (6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province.

• Marginal note:Power to order

  (7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified in the order, if the Minister considers that it is in the interest of safety.

• Marginal note:Statutory Instruments Act

  (8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7).

Marginal note:Follow-up reports

10.2 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations.

Marginal note:Make information available

10.3 A company designated by the Minister that gives notice to the Minister in respect of a vehicle or equipment shall, as provided for in the regulations, make information available for the vehicle or equipment in respect of which the notice was given.

Marginal note:Correction date

• 10.4 (1) The notice given by a company under paragraph 10(1)(b) or 10.1(1)(b) shall specify the earliest date by which the parts and facilities that are necessary to correct the defect or non-compliance are expected to be available.

• Marginal note:Notice

  (2) Despite subsection (1), if the company cannot reasonably specify the earliest date at the time the notice is sent, the company shall send the notice without that date. The company shall send a subsequent notice that provides the earliest date as soon as it has been determined.

• Marginal note:Copy for Minister

  (3) The company shall immediately provide the Minister with a copy of any notice referred to in subsections (1) and (2).

• Marginal note:Power to require information

  (4) The Minister may, by order, require a company to provide, in the manner and within the period specified in the order, any information or documents that the Minister considers necessary for verifying that the date specified by the company under subsection (1) or (2) is the earliest date by which the parts and facilities that are necessary to correct a defect or non-compliance are expected to be available.

Marginal note:Power to order correction of defect or non-compliance

10.5 The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to correct a defect or non-compliance, in accordance with any terms and conditions specified in the order, if a notice of defect or non-compliance has been given and the Minister considers that it is in the interest of safety.

Marginal note:Correction

10.51 A company that is subject to an order made under section 10.5 may correct a defect or non-compliance by doing one of the following:

• (a) repairing the vehicle or equipment, including by adding to, removing anything from or modifying the vehicle or equipment, as the circumstances require;

• (b) replacing the vehicle or equipment with a reasonable equivalent;

• (c) reimbursing

  • (i) the reasonable cost of repairs to the vehicle or equipment that have already been undertaken before a notice of defect or non-compliance has been given, or

  • (ii) the sale price of the vehicle or equipment, less reasonable depreciation in the case where the vehicle or equipment has been sold to the first retail purchaser, on return of the vehicle or equipment.

Marginal note:Available measures and benefits

10.52 For greater certainty, any person, including an automobile dealer, may benefit from any measure referred to in section 10.51 and any payment of costs under subsection 10.6(1).

Marginal note:Agreement

10.53 For greater certainty, nothing prevents a company that is subject to an order under subsection 10.1(7) or 10.4(4), section 10.5 or subsection 10.6(1) from entering into an agreement with any person, including an automobile dealer, in respect of any matter related to the order — including, in the case of a vehicle or equipment that has not been sold to the first retail purchaser, in respect of the reimbursement of reasonable costs incurred — in addition to complying with any terms and conditions specified in the order.

Marginal note:Rights not affected

10.54 For greater certainty, a correction to a vehicle or equipment in accordance with section 10.51 does not affect the right of any person, including an automobile dealer, to exercise any other right or remedy available at law, including a right or remedy to recover reasonable costs incurred as a result of an order under section 10.5.

Marginal note:Power to order payment of costs

• 10.6 (1) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to pay the costs of correcting a defect or non-compliance, in accordance with any terms and conditions specified in the order, if a notice of defect or non-compliance has been given.

• Marginal note:Time limit

  (2) This section does not apply to any vehicle or equipment that was manufactured 15 years or more before the date of an order under subsection (1).

Marginal note:Power to prohibit offering for sale — defect or non-compliance

• 10.61 (1) The Minister may, by order, require a company to ensure that any defect or non-compliance in a vehicle or equipment is corrected before the vehicle is offered for sale to the first retail purchaser, in accordance with any terms and conditions specified in the order.

• Marginal note:For greater certainty

  (2) For greater certainty, a company is not prohibited from doing any promotion activities prior to offering for sale any vehicle or equipment under subsection (1).

Marginal note:Process

• 10.7 (1) For the purposes of subsections 10(4) and 10.1(7) and sections 10.5 to 10.61, the Minister shall, before issuing any order,

  • (a) make a preliminary determination, on the basis of testing, analysis, inspection, examination or research that the Minister considers appropriate and in consultation with the company, that an order may be necessary in the interest of safety;

  • (b) notify the company of the preliminary determination, including the rationale on which it is based, and invite the company to provide information in writing, in the time and manner specified by the Minister; and

  • (c) publish a notice of preliminary determination and invite any person to make comments in writing, within the time that the Minister specifies.

• Marginal note:Final decision

  (2) The Minister shall not make a final decision that an order is necessary unless the Minister has taken into account information that he or she considers relevant.

• Marginal note:Notice to company

  (3) After making a final decision, the Minister shall notify the company of the decision and the rationale on which it is based.

• Marginal note:Publication

  (4) After making a final decision, the Minister shall publish a notice of it through the Internet or by any other means that he or she considers appropriate.

Marginal note:Power to vary or revoke order

10.8 The Minister may vary or revoke an order if new relevant information becomes available.