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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

Notice of Non-compliance

  •  (1) For the purposes of subsection 10.1(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 non-compliance that is required to be given under subsection 10.1(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) Unless the notice of non-compliance contains a statement under subparagraph (4)(j)(i), a company shall give the notice of non-compliance 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 non-compliance to the Minister.

  • (3.1) If the notice of non-compliance contains a statement under subparagraph (4)(j)(i) and the Minister advises the company that the Minister has determined that the non-compliance is not inconsequential to safety, the company shall give the notice of non-compliance to the vehicle’s current owner and to the prescribed person as soon as feasible after the day on which the company receives the Minister’s determination, but not later than 60 days after that day.

  • (4) A notice of non-compliance 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 be non-compliant, 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 be non-compliant;

    • (f) the estimated percentage of the vehicles referred to in paragraph (e) that are non-compliant;

    • (g) a description of the non-compliance, including the applicable regulatory requirement, and the causes and contributing factors, if known;

    • (h) the vehicle systems or components that may be affected by the non-compliance;

    • (i) a chronology of the principal events that led to the determination of the non-compliance, including the test results, observations, inspections and any other relevant information;

    • (j) as the case may be,

      • (i) a statement that the non-compliance is inconsequential to safety, including detailed information in support of the statement, or

      • (ii) a description of the safety risk to persons arising from the non-compliance;

    • (k) a description of the corrective measures to be taken in respect of the non-compliance and how they are to be implemented;

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

    • (m) the estimated date on which the notice of non-compliance will be sent to the vehicle’s current owner and the estimated date on which the notice of non-compliance 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), (k) and (l) 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.

  • (5.1) The company is not required to provide the Minister with the information referred to in paragraph (4)(m) if the notice of non-compliance contains a statement under subparagraph (4)(j)(i), but if the Minister advises the company that the Minister has determined that the non-compliance is not inconsequential to safety, the company shall provide that information within five working days after the day on which the company receives the Minister’s determination.

  • (6) A notice of non-compliance 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:

    • (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 non-compliance, including the causes;

    • (g) the vehicle systems or components that may be affected by the non-compliance;

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

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

    • (j) a description of the safety risk to persons arising from the non-compliance, if any;

    • (k) a statement that the non-compliance could cause a crash, if applicable;

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

    • (m) a description of the corrective measures to be taken in respect of the non-compliance 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 non-compliance 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 non-compliance is given to the current owner in electronic form.

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

    • (a) the company’s name;

    • (b) for each vehicle that may be non-compliant, 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 non-compliance, including the causes;

    • (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 non-compliance, if any;

    • (g) a description of the corrective measures to be taken in respect of the non-compliance 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 non-compliance.

  • (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/2019-253, s. 2
 
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