Motor Vehicle Safety Act

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).