Government of Canada / Gouvernement du Canada
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Motor Vehicle Safety Act

Version of section 10 from 2002-12-31 to 2015-05-14:

Marginal note:Obligation to give notice

  •  (1) A company that manufactures, sells or imports any vehicle or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person, cause notice of the defect to be given in the prescribed manner to

    • (a) the Minister;

    • (b) each person who has obtained such a vehicle or equipment from the company; and

    • (c) each current owner of such a vehicle or equipment as determined

      • (i) from any warranty issued by the company with respect to the functioning of the vehicle or equipment that has, to its knowledge, been given, sold or transferred to the current owner,

      • (ii) in the case of a vehicle, from provincial motor vehicle registration records, or

      • (iii) in the case of equipment, from a registration system referred to in paragraph 5(1)(h).

  • Marginal note:Where notice previously given

    (2) A company is not required to cause notice to be given of a defect of which notice has already been given under this section by another company that manufactured, sold or imported the vehicle or equipment.

  • Marginal note:Publication of notice

    (3) Where the Minister is satisfied that the name of the current owner of a vehicle or equipment cannot reasonably be determined by a company in accordance with paragraph (1)(c),

    • (a) the Minister may order the company to give notice of the defect by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the following six regions, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia and the Territories, or by dissemination in an alternative medium for such period as the Minister determines; or

    • (b) the Minister may order that the current owner need not be notified.

  • Marginal note:Contents of notice

    (4) A notice required to be given under subsections (1) and (3) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the safety risk arising from it and directions for correcting it.

  • 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.

  • Marginal note:Follow-up reports

    (6) Every company that causes notice to be given under subsection (1) shall submit a report containing prescribed information respecting the defect and its correction to the Minister in the prescribed form within the prescribed period and quarterly thereafter.

  • Marginal note:Idem

    (7) Unless the Minister otherwise directs, the quarterly reports referred to in subsection (6) shall be submitted for a period of two years after the day on which notice was given under subsection (1).

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