Motor Vehicle Restraint Systems and Booster Seats Safety Regulations

Marginal note:Content of notice of defect

• 110 (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.