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Motor Vehicle Safety Regulations (C.R.C., c. 1038)

Regulations are current to 2019-08-28 and last amended on 2019-07-10. Previous Versions

Applications for Exemption

  •  (1) Any company applying for an exemption pursuant to section 9 of the Act shall submit in writing to the Minister

    • (a) its name and address;

    • (b) the province or country under the laws of which it is established;

    • (c) the number, title and text or substance of the standards from which exemption is sought and the duration of that exemption;

    • (d) the reason for requesting an exemption;

    • (e) if applicable, the reasons for withholding from public disclosure any specific part of the information and data found in the application; and

    • (f) the reasons why the granting of the exemption would be in the public interest and consistent with the objectives of the Act.

  • (2) Where the basis of an application for an exemption is substantial financial hardship, the applicant shall include in the submission to the Minister

    • (a) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including

      • (i) a list of each of the items that would have to be altered in order to achieve conformity,

      • (ii) the itemized estimated cost of making the alterations referred to in subparagraph (i)

        • (A) at the end of one year from the date the application is submitted, if the application is for an exemption for one year or more but less than two years,

        • (B) at the end of two years from the date the application is submitted, if the application is for an exemption for two years or more but less than three years, or

        • (C) at the end of three years from the date the application is submitted, if the application is for an exemption for three years,

      • (iii) the estimated price increase per vehicle to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase,

      • (iv) corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application,

      • (v) a projected balance sheet and income statement for the fiscal year following a denial of the application, and

      • (vi) a discussion of any other hardship to be considered; and

    • (b) a description of the applicant’s efforts to conform to the standards from which exemption is sought, including

      • (i) a discussion of other means of conformity that were considered and the reasons for rejecting each of them,

      • (ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming vehicles,

      • (iii) the world production of vehicles manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for, and

      • (iv) the total number of vehicles manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for.

  • (3) Where the basis of an application for exemption is the development of new safety or emission control features that are equivalent to or superior to those that conform to the prescribed standards, the applicant shall include in the submission to the Minister

    • (a) a description of the new features;

    • (b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;

    • (c) an analysis of how the level of performance of the new features is equivalent to or superior to the level of performance established by the prescribed standards, including

      • (i) a detailed description of how a vehicle equipped with the new features would, if exempted, differ from one that conforms to the prescribed standards, and

      • (ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent to or superior to that required by the prescribed standards;

    • (d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle; and

    • (e) a statement as to whether the manufacturer intends, at the end of the exemption period,

      • (i) to conform to the prescribed standards,

      • (ii) to apply for a further exemption, or

      • (iii) to request that the prescribed standards be amended to incorporate the new features.

  • (4) Where the basis of an application for exemption is the development of new kinds of vehicles, vehicle systems or components, the applicant shall include in the submission to the Minister

    • (a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the safe performance of the vehicle, including

      • (i) a detailed description of how the vehicle equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

      • (ii) the reasons why not conforming to the prescribed standards does not substantially diminish the safe performance of the vehicle, and

      • (iii) a discussion of other means of conformity that were considered and the reasons for rejecting each of them;

    • (b) the reasons why an exemption would facilitate the development or the field evaluation of the vehicle; and

    • (c) a statement as to whether the company intends, at the end of the exemption period, the vehicle to conform to the prescribed standards.

  • (5) Where the Governor in Council has made an exemption order pursuant to section 9 of the Act for a model of vehicle, a label shall be securely applied by the company to the windshield or side window of every vehicle of that model, specifying

    • (a) the features of the vehicle and the standards, by number and title, in respect of which the exemption has been granted; and

    • (b) the short title of the exemption order.

  • SOR/86-995, s. 1
  • SOR/89-481, s. 1
  • SOR/90-805, s. 3
  • SOR/95-147, s. 2
  •  (1) Where a company wishes, on the expiration of the period of an exemption referred to in subsection 13(3), to obtain a new exemption, the company shall submit, in writing, to the Minister

    • (a) the information required pursuant to that subsection; and

    • (b) a statement of the total number of vehicles sold in Canada under the expiring exemption.

  • (2) Where a company wishes, on the expiration of the period of an exemption referred to in subsection 13(4), to obtain a new exemption, the company shall submit, in writing, to the Minister

    • (a) the information required pursuant to that subsection; and

    • (b) a statement of the total number of vehicles sold in Canada under the expiring exemption.

  • SOR/95-147, s. 2

Notice of Defect

  •  (1) For the purposes of subsection 10(1) of the Act, a person, other than the first retail purchaser, who obtained a vehicle from a company is a prescribed person.

  • (2) A notice of defect that is required to be given under subsection 10(1) of the Act shall be in writing, in either paper or electronic form, and

    • (a) in the case of a notice given to the Minister, be in either official language; and

    • (b) in the case of a notice given to the vehicle’s current owner or a prescribed person

      • (i) be in the person’s official language of choice, if it is known, or

      • (ii) be in both official languages.

  • (3) A company shall give the notice of defect to the vehicle’s current owner and to the prescribed person as soon as feasible, but not later than 60 days after the day on which the company gives the notice of defect to the Minister.

  • (4) The notice of defect that is given to the Minister shall contain the following information:

    • (a) the company’s name and its contact information for the purpose of correspondence;

    • (b) the number, title or other identification that is assigned by the company to the notice;

    • (c) for each vehicle that may contain the defect, its prescribed class, make, model and model year and any other information that is necessary to permit its identification;

    • (d) the period during which the vehicles were manufactured;

    • (e) the estimated number of vehicles that could potentially contain the defect;

    • (f) the estimated percentage of the vehicles referred to in paragraph (e) that contain the defect;

    • (g) a description of the nature of the defect, including the causes and contributing factors, if known, and a description of the location of the defect;

    • (h) the vehicle systems or components that may be affected by the defect;

    • (i) a chronology of the principal events that led to the determination of the existence of the defect;

    • (j) all relevant information, including a summary of warranty claims, field reports and service reports, with their dates of receipt, that the company used to determine the existence of the defect;

    • (k) a description of the safety risk to persons arising from the defect;

    • (l) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented;

    • (m) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented; and

    • (n) the estimated date on which the notice of defect will be sent to the vehicle’s current owner and the estimated date on which the notice of defect will be sent to a prescribed person.

  • (5) The company is not required to provide the Minister with the information referred to in paragraphs (4)(i), (j), (l) and (m) if it is not available on the day on which the notice is given but shall provide that information as soon as it is available.

  • (6) A notice of defect that is given to the vehicle’s current owner shall contain the following information:

    • (a) the company’s name;

    • (b) the make, model, model year and the vehicle identification number;

    • (c) the following statements:

      • (i) “This notice is sent to you in accordance with the requirements of the Motor Vehicle Safety Act.”, and

      • (ii) “This is to inform you that your vehicle may contain a defect that could affect the safety of a person.”;

    • (d) the number, title or other identification that is assigned by the company to the notice;

    • (e) the motor vehicle safety recall number that is issued by the Department of Transport;

    • (f) a description of the nature of the defect, including the causes, and a description of the location of the defect;

    • (g) the vehicle systems or components that may be affected by the defect;

    • (h) operating conditions or other factors that may cause a malfunction of the vehicle system or component;

    • (i) the warning signs, if any, of any malfunction that could arise as a result of the defect;

    • (j) a description of the safety risk to persons arising from the defect;

    • (k) a statement that the defect could cause a crash, if applicable;

    • (l) if the defect is not likely to cause a crash, the type of injury that may result from the defect;

    • (m) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented, including

      • (i) a general description of the work involved,

      • (ii) the estimated time required in order to take the corrective measures,

      • (iii) a statement that the company will cover the costs of the corrective measures or an estimate of the cost of the corrective measures to the vehicle’s current owner, and

      • (iv) information identifying the persons who can implement the corrective measures;

    • (n) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented; and

    • (o) a statement indicating that if the vehicle’s current owner has leased the vehicle, the owner shall send to the lessee a copy of the notice and any subsequent notice within 10 working days after the day on which the notice is received.

  • (7) The company is not required to provide to the current owner the information referred to in paragraph (6)(m) if it is not available on the day on which the notice is given but shall provide that information

    • (a) as soon as it is available; or

    • (b) at the same time as the company provides the information required under subsection 10.4(1) of the Act.

  • (8) The words “SAFETY”, “RECALL”, “RAPPEL” and “SÉCURITÉ” are required to be clearly visible

    • (a) on the envelope, or through a window of the envelope, in upper case and in a font size that is larger than the one used for the recipient’s address, if the notice of defect is given to the current owner in paper form; or

    • (b) in the subject line of the communication, in upper case, if the notice of defect is given to the current owner in electronic form.

  • (9) A notice of defect that is given to a prescribed person shall contain the following information:

    • (a) the company’s name;

    • (b) for each vehicle that may contain the defect, its make, model, model year and vehicle identification number and any other information that is necessary to permit its identification;

    • (c) the number, title or other identification that is assigned by the company to the notice;

    • (d) a description of the nature of the defect, including the causes, and a description of the location of the defect;

    • (e) operating conditions or other factors that may cause a malfunction of the vehicle system or component;

    • (f) a description of the safety risk to persons arising from the defect;

    • (g) a description of the corrective measures to be taken in respect of the defect and how they are to be implemented; and

    • (h) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented.

  • (10) The company is not required to provide to the prescribed person the vehicle identification number required under paragraph 9(b) if that vehicle identification number is published on the company’s website with the number, title or other identification that is assigned by the company to the associated notice of defect.

  • (11) The company is not required to provide to the prescribed person the information referred to in paragraph (9)(g) if it is not available on the day on which the notice is given but shall provide that information as soon as it is available.

  • SOR/95-147, s. 2
  • SOR/98-524, s. 3
  • SOR/2008-104, s. 3
  • SOR/2009-318, s. 3
  • SOR/2013-117, s. 3
  • SOR/2015-111, s. 1
  • SOR/2019-253, s. 2
 
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