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

Records

Marginal note:Records

• 106 (1) A company must maintain — for each restraint system or booster seat to which it applies the national safety mark or that it imports into Canada — the records referred to in paragraph 5(1)(g) of the Act and retain those records, in paper form or in readily readable electronic form, for a period of 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 from inspector

  (3) On request in writing from an inspector, a company must send to that inspector a copy, in either official language, of the records referred to in subsection (1) within

  • (a) 30 working days after day on which the request is mailed; or

  • (b) if the records must be translated, 45 working days after the day on which the request is mailed.

Registration Systems

Marginal note:Information card

• 107 (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

108 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.

Temporary Importation

Marginal note:Prescribed purposes

• 109 (1) For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a restraint system or booster seat may be imported temporarily are the following:

  • (a) exhibition;

  • (b) demonstration;

  • (c) evaluation;

  • (d) testing; and

  • (e) further manufacturing prior to export.

• Marginal note:Declaration

  (2) The declaration referred to in paragraph 7(1)(a) of the Act must be filed with the Minister, be signed by the person importing the restraint system or booster seat and contain the following information:

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

  • (b) the importer’s name, mailing address, telephone number, facsimile number and email address and, if the importer is a company, the contact information of a contact person at the company;

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

  • (d) the date on which the restraint system or booster seat is to be presented for importation;

  • (e) the purpose for which the restraint system or booster seat is being imported and a statement that it will be used only for that purpose;

  • (f) a statement indicating that the restraint system or booster seat will remain in Canada for a period of not more than one year or the period specified by the Minister, as applicable;

  • (g) a statement indicating that the restraint system or booster seat will be exported or destroyed before the end of the one-year period or the period specified by the Minister, as applicable; and

  • (h) if the declaration is signed by a representative, a statement by the importer indicating that the representative is authorized to sign.

Notice of Defect

Marginal note:Prescribed person

• 110 (1) For the purposes of subsection 10(1) of the Act, a person, other than the first retail purchaser, who obtained a restraint system or booster seat from a company is a prescribed person.

• Marginal note:Form and language

  (2) A notice of defect that is required to be given under subsection 10(1) of the Act must 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 current owner of the restraint system or booster seat 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.

• Marginal note:Period

  (3) A company must give the notice of defect to the current owner of the restraint system or booster seat 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.

• Marginal note:Notice to Minister — content

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

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

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

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

  • (d) for each restraint system or booster seat that may contain the defect, its model name and number, the prescribed class of equipment and any other information that is necessary to permit its identification;

  • (e) the period during which the restraint systems or booster seats were manufactured;

  • (f) the estimated number of restraint systems or booster seats that could potentially contain the defect;

  • (g) the estimated percentage of the restraint systems or booster seats referred to in paragraph (f) that contain the defect;

  • (h) 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;

  • (i) the systems or components of the restraint system or booster seat that may be affected by the defect;

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

  • (k) 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;

  • (l) a description of the safety risk to persons arising 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;

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

  • (o) the estimated date on which the notice of defect will be sent to the current owner of the restraint system or booster seat and the estimated date on which the notice of defect will be sent to a prescribed person.

• Marginal note:Unavailable information

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

• Marginal note:Notice to owner — content

  (6) A notice of defect that is given to the current owner of the restraint system or booster seat must contain the following information:

  • (a) the company’s name;

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

  • (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 restraint system or booster seat 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 systems or components of the restraint system or booster seat that may be affected by the defect;

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

  • (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) the type of injury that may result 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, 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 current owner of the restraint system or booster seat, and

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

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

• Marginal note:Unavailable information

  (7) The company is not required to provide the current owner with the information referred to in paragraph (6)(l) if it is not available on the day on which the notice is given but must 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.

• Marginal note:Required wording

  (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.

• Marginal note:Notice to prescribed person — content

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

  • (a) the company’s name;

  • (b) for each restraint system or booster seat that may contain the defect, its model name and 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) the motor vehicle safety recall number issued by the Department of Transport;

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

  • (f) operating conditions or other factors that may cause a malfunction of the system or component of the restraint system or booster seat;

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

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

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

• Marginal note:Unavailable information

  (10) The company is not required to provide the prescribed person with the information referred to in paragraph (9)(h) if it is not available on the day on which the notice is given but must provide that information as soon as it is available.