Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (SOR/2010-90)

Regulations are current to 2019-04-25 and last amended on 2015-05-15. Previous Versions

PART 1General (continued)

Prescribed Classes of Equipment

Marginal note:Prescribed classes of equipment

 For the purposes of subsection 3(2) and sections 4 and 5 of the Act, child restraint systems, infant restraint systems, booster seats, restraint systems for disabled persons and restraint systems for infants with special needs are prescribed classes of equipment.

  • SOR/2013-117, s. 13

Prescribed Standards

Marginal note:CVMSS 213

  •  (1) Every child restraint system must conform to the applicable standards set out in Part 2, CMVSS 213 — Child Restraint Systems.

  • Marginal note:CVMSS 213.1

    (2) Every infant restraint system must conform to the applicable standards set out in Part 3, CMVSS 213.1 — Infant Restraint Systems.

  • Marginal note:CVMSS 213.2

    (3) Every booster seat must conform to the applicable standards set out in Part 4, CMVSS 213.2 — Booster Seats.

  • Marginal note:CVMSS 213.3

    (4) Every restraint system for disabled persons must conform to the applicable standards set out in Part 5, CMVSS 213.3 — Restraint Systems for Disabled Persons.

  • Marginal note:CVMSS 213.5

    (5) Every restraint system for infants with special needs must conform to the applicable standards set out in Part 6, CMVSS 213.5 — Restraint Systems for Infants with Special Needs.

  • Marginal note:Applicable CVMSS

    (6) Every restraint system that is designed to be used as more than one type of restraint system or as a restraint system and booster seat must conform to the standards set out in Parts 2 to 6 that are applicable to each type of restraint system or booster seat for which it is designed to be used.

Restraint System and Booster Seat Information

National Safety Mark

Marginal note:No importation without national safety mark

 A company must not import into Canada a restraint system other than a custom restraint system for a disabled person that is not designed to be used only in school buses, or a booster seat, unless the company has applied the national safety mark to the restraint system or booster seat.

Lower Universal Anchorage System Symbol

Marginal note:Lower universal anchorage system symbol

 Every restraint system or booster seat that is equipped with a lower connector system must bear the lower universal anchorage system symbol shown in Schedule 3, on a background of contrasting colour, on or near the lower connector system, and the symbol must be fully visible to a person installing the restraint system or booster seat when the restraint system or booster seat is positioned in the vehicle.

Records

Marginal note:Compliance

  •  (1) For each restraint system or booster seat to which the national safety mark is applied or that is imported into Canada, a company must maintain in writing or in readily readable electronic form the records referred to in paragraph 5(1)(g) of the Act that show that the restraint system or booster seat conforms to all prescribed standards applicable to it, and retain those records for at least five years after the day on which the restraint system or booster seat is manufactured or imported.

  • Marginal note:Idem

    (2) If the records referred to in subsection (1) are maintained by a person on behalf of the company, the company must keep the name and address of the person.

  • Marginal note:Request by inspector

    (3) At the request in writing of an inspector, a company must send to the inspector a copy of the records referred to in subsection (1), in either official language, within 30 working days after the day on which the request is mailed.

Registration Systems

Marginal note:Information card

  •  (1) For the purpose of maintaining the registration system referred to in paragraph 5(1)(h) of the Act, a company must provide to each person who purchases a restraint system or booster seat an information card, in both official languages, that

    • (a) permits the purchaser to provide to the company or to a duly authorized representative of the company, at no cost, the purchaser’s name, mailing address and email address, the model name and number of the restraint system or booster seat, the date of purchase and the date of manufacture; and

    • (b) includes a safety message concerning the importance of providing the information.

  • Marginal note:Information to be included in registration system

    (2) The registration system maintained by a company in accordance with paragraph 5(1)(h) of the Act must consist of the information provided to the company under paragraph (1)(a), and that information must be used only for the purposes of paragraph 5(1)(h) of the Act.

  • Marginal note:Minimum retention period

    (3) The information in the registration system maintained by a company in relation to a restraint system or booster seat must be kept for at least five years after the day on which the restraint system or booster seat is purchased.

Importation

General

Marginal note:Declaration

 For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a restraint system or booster seat must make, at the nearest customs office that is open for business, a declaration signed by the company’s duly authorized representative that contains the following information:

  • (a) the name of the manufacturer of the restraint system or booster seat;

  • (b) the name and address of the company importing the restraint system or booster seat;

  • (c) [Repealed, SOR/2013-117, s. 14]

  • (d) a statement from the manufacturer or its duly authorized representative that the restraint system or booster seat conforms to the prescribed standards applicable on the date of manufacture;

  • (e) the model name and number of the restraint system or booster seat;

  • (f) the number of restraint systems and the number of booster seats imported at the same time; and

  • (g) the date on which the restraint system or booster seat was imported.

  • SOR/2013-117, s. 14

Temporary Importation

Marginal note:Declaration before importation

 For the purposes of paragraph 7(1)(a) of the Act, a person who imports into Canada a restraint system or booster seat, or the person’s duly authorized representative, must file with the Minister, before importation, a duly completed declaration in the form prescribed in Schedule 4.

Defect Information

Marginal note:Content of notice of defect

  •  (1) A notice of defect required to be given under section 10 of the Act must contain the following information:

    • (a) the name and address of the company giving the notice of defect;

    • (b) the name of the manufacturer of the restraint system or booster seat;

    • (c) the model name and number of each restraint system or booster seat for which the notice of defect is given and the prescribed class of equipment to which it belongs, the period during which the restraint system or booster seat was manufactured, and any other information necessary to permit the identification of the restraint system or booster seat;

    • (d) the estimated percentage of restraint systems or booster seats that potentially contain the defect;

    • (e) a description of the defect;

    • (f) an evaluation of the risk to the safety of persons that arises from the defect;

    • (g) a statement of the measures to be taken to correct the defect;

    • (h) any conditions affecting the correction of the defect; and

    • (i) the number, title or other identification assigned by the company to the notice of defect.

  • Marginal note:Notice requirements

    (2) The notice of defect must be given in writing and, when it is to be given to a person other than the Minister, must be

    • (a) in both official languages; or

    • (b) in the person’s official language of choice, if it is known.

  • Marginal note:Prescribed person

    (3) For the purposes of subsection 10(1) of the Act, the person who obtained the restraint system or booster seat from the company is a prescribed person.

  • Marginal note:Notice within 60 days

    (4) The notice of defect must be given to the current owner and to the person who obtained the restraint system or booster seat from the company as soon as possible after the company becomes aware of the defect, but no later than 60 days after the day on which the company becomes aware of it.

  • Marginal note:Report

    (5) A company must, within 30 days after the day on which it gives a notice of defect to the Minister under paragraph 10(1)(a) of the Act, submit to the Minister a report containing, in addition to the information required by subsection (1), the following information:

    • (a) the number of restraint systems and the number of booster seats for which the notice of defect was given and the number of those restraint systems and booster seats in each prescribed class of equipment;

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

    • (c) copies of all notices, bulletins and other circulars issued by the company in respect of the defect; and

    • (d) a detailed description of the nature of the defect and of its location on the restraint system or booster seat, with any related diagrams or illustrations.

  • Marginal note:Quarterly reports

    (6) After submitting the report referred to in subsection (5), a company must, for a period of two years after the day on which it gives the notice of defect to the Minister, submit to the Minister quarterly reports containing the following information:

    • (a) the number, title or other identification assigned by the company to the notice of defect;

    • (b) the revised number of restraint systems and the revised number of booster seats for which the notice of defect was given, if applicable;

    • (c) the dates on which notices of defect were given to the current owners of the affected restraint systems or booster seats;

    • (d) the number of restraint systems and the number of booster seats inspected by or at the direction of the company;

    • (e) the number of restraint systems and the number of booster seats found on inspection to contain the defect; and

    • (f) a statement setting out the manner in which the company disposed of the defective parts, restraint systems or booster seats.

  • SOR/2013-117, s. 15
  • SOR/2015-111, s. 3
 
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