Motor Vehicle Safety Act

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]