Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-03-05

Notices of Defect and of Non-Compliance and Orders (continued)

Marginal note:Follow-up reports

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

2014, c. 20, s. 222.

Marginal note:Make information available

 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.

2014, c. 20, s. 222; 2018, c. 2, s. 9.

Marginal note:Correction date

  •  (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.

2018, c. 2, s. 9.

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

 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.

2018, c. 2, s. 9.

Marginal note:Correction

 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.

2018, c. 2, s. 9.

Marginal note:Available measures and benefits

 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).

2018, c. 2, s. 9.

Marginal note:Agreement

 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.

2018, c. 2, s. 9.

Marginal note:Rights not affected

 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.

2018, c. 2, s. 9.

Marginal note:Power to order payment of costs

  •  (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).

2018, c. 2, s. 9.

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

  •  (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).

2018, c. 2, s. 9.

Marginal note:Process

  •  (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.

2018, c. 2, s. 9.

Marginal note:Power to vary or revoke order

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

2018, c. 2, s. 9.

Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply to an order made under section 10.4, 10.5, 10.6 or 10.61.

2018, c. 2, s. 9.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

    • (a) respecting the keeping of records and the provision of information to the Minister; and

    • (b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.

  • Marginal note:Progressive application

    (2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles of any class before those regulations are made applicable in respect of all vehicles of that class.

  • Marginal note:Incorporation by reference

    (3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date,

    • (a) a document produced by a person or body other than the Minister; or

    • (b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.

1993, c. 16, s. 11; 2014, c. 20, s. 223.
 
Date modified: