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Motor Vehicle Tire Safety Regulations (SOR/2013-198)

Regulations are current to 2020-11-17 and last amended on 2020-02-04. Previous Versions

Motor Vehicle Tire Safety Regulations

SOR/2013-198

MOTOR VEHICLE SAFETY ACT

Registration 2013-11-08

Motor Vehicle Tire Safety Regulations

P.C. 2013-1151 2013-11-07

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety ActFootnote a, a copy of the proposed Motor Vehicle Tire Safety Regulations, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on February 11, 2012 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 3(2), sections 4 and 5Footnote b, subsection 7(1), section 10 and subsection 11(1) of the Motor Vehicle Safety ActFootnote a, makes the annexed Motor Vehicle Tire Safety Regulations.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Motor Vehicle Safety Act. (Loi)

    bead

    bead means the portion of a tire that is made of steel wires wrapped or reinforced by plies and that is shaped to fit the rim. (talon)

    bias ply tire

    bias ply tire means a tire in which the ply cords that extend to the beads are laid at alternate angles that are substantially less than 90° to the centreline of the tread. (pneu à carcasse diagonale)

    CMVSS

    CMVSS means Canada Motor Vehicle Safety Standard. (NSVAC)

    FI tire

    FI tire means a tire designed for use only on farm implements that are occasionally driven or drawn on a road. (pneu pour instruments aratoires)

    load rating

    load rating means the maximum load a tire is rated to carry at a given inflation pressure. (charge nominale)

    maximum load rating

    maximum load rating means the load rating of a tire at the maximum permissible inflation pressure for that tire. (limite de charge nominale)

    maximum permissible inflation pressure

    maximum permissible inflation pressure means the maximum cold inflation pressure to which a tire may be inflated. (pression maximale permise de gonflage)

    ply

    ply means a layer of rubber-coated parallel cords. (pli)

    radial ply tire

    radial ply tire means a tire in which the ply cords that extend to the beads are laid at substantially 90° to the centreline of the tread. (pneu à carcasse radiale)

    rim

    rim means a support for a tire or a tire-and-tube assembly on which the beads are seated. (jante)

    sidewall

    sidewall means the portion of a tire that is between the tread and the bead. (flanc)

    ST tire

    ST tire means a tire designed for use only on trailers drawn on a road. (pneu à usage spécial)

    tread

    tread means the portion of a tire that comes into contact with the road. (bande de roulement)

    TSD 109

    TSD 109 means Technical Standards Document No. 109, New Tires and Certain Specialty Tires, as amended from time to time. (DNT 109)

    TSD 119

    TSD 119 means Technical Standards Document No. 119, New Tires for Motor Vehicles With a GVWR of More Than 4 536 kg and Motorcycles, as amended from time to time. (DNT 119)

    TSD 139

    TSD 139 means Technical Standards Document No. 139, New Radial Ply Tires for Motor Vehicles With a GVWR of 4 536 kg or Less, as amended from time to time. (DNT 139)

    T-type temporary-use spare tire

    T-type temporary-use spare tire means a temporary-use spare tire that is designed for use at inflation pressures that are higher than those established for standard and reinforced tires. (pneu de secours de type T à usage temporaire)

  • Marginal note:Terms defined in the MVSR

    (2) In these Regulations, GVWR, light-truck tire, motorcycle, passenger car, rim diameter and trailer have the same meaning as in subsection 2(1) of the Motor Vehicle Safety Regulations.

  • Marginal note:Terms defined in TSD 109, 119 or 139

    (3) For the purposes of these Regulations, words and expressions used in TSD 109, TSD 119 or TSD 139 and not defined in that technical standards document but defined in either of those other technical standards documents have the same meaning as in that other technical standards document.

  • SOR/2014-307, s. 32

Marginal note:System of measurement

 If, in the application to a tire of a portion of a section of these Regulations or a portion of a provision of a technical standards document, either the metric or the imperial system of measurement is used, the same system of measurement must be used in the application to the tire of any other portion of the section or provision.

Prescribed Classes of Equipment and Prescribed Standards

[SOR/2020-22, s. 24(F)]

CMVSS 109 — New Tires and Certain Specialty Tires

Marginal note:TSD 109

  •  (1) The following tires are prescribed as a class of equipment for the purposes of sections 4 and 5 of the Act and must conform to the requirements of TSD 109 and section 6:

    • (a) radial ply tires designed for use on a passenger car manufactured before January 1, 1975;

    • (b) bias ply tires; and

    • (c) T-type temporary-use spare tires.

  • Marginal note:Maximum permissible inflation pressure

    (2) The maximum permissible inflation pressure referred to in S4.3(b) of TSD 109 must be expressed in kilopascals, and may in addition, at the manufacturer’s option, be expressed in pounds per square inch.

  • Marginal note:Maximum load rating

    (3) The maximum load rating referred to in S4.3(c) of TSD 109 must be expressed in kilograms, and may in addition, at the manufacturer’s option, be expressed in pounds.

  • (4) [Repealed, SOR/2014-307, s. 33]

  • SOR/2014-307, s. 33
  • SOR/2020-22, s. 25

CMVSS 119 — New Tires for Motor Vehicles With a GVWR of More Than 4 536 kg and Motorcycles

Marginal note:TSD 119

  • SOR/2014-307, s. 34
  • SOR/2020-22, s. 26

CMVSS 139 — New Radial Ply Tires for Motor Vehicles With a GVWR of 4 536 kg or less

Marginal note:TSD 139

  •  (1) Tires, other than tires of a class prescribed by subsection 3(1) or 4(1), that are radial ply tires designed for use on a motor vehicle with a GVWR of 4 536 kg or less that was manufactured on or after January 1, 1975 are prescribed as a class of equipment for the purposes of sections 4 and 5 of the Act and must conform to the requirements of TSD 139 and section 6.

  • Marginal note:Maximum permissible inflation pressure

    (2) The maximum permissible inflation pressure referred to in S5.5(c) of TSD 139 must be expressed in kilopascals, and may in addition, at the manufacturer’s option, be expressed in pounds per square inch.

  • Marginal note:Maximum load rating

    (3) The maximum load rating referred to in S5.5(d) of TSD 139 must be expressed in kilograms, and may in addition, at the manufacturer’s option, be expressed in pounds.

  • Definition of winter tire

    (4) For the purposes of TSD 139, winter tire means a tire that

    • (a) when tested using the snow traction test described in ASTM F 1805 - 06, Standard Test Method for Single Wheel Driving Traction in a Straight Line on Snow- and Ice-Covered Surfaces, with medium pack snow and a test load equal to 74% of the test inflation rated load described in that test method, attains a traction index equal to or greater than 110 compared to a standard reference test tire that meets the requirements of ASTM E 1136 - 10, Standard Specification for P195/75R14 Radial Standard Reference Test Tire; and

    • (b) is marked on at least one sidewall with the Alpine Symbol specified in S5.5(i) of TSD 139.

  • (5) [Repealed, SOR/2014-307, s. 35]

  • SOR/2014-307, s. 35
  • SOR/2020-22, s. 27

Tire Identification Number

Marginal note:Tires of a class prescribed by subsection 3(1) or 4(1)

  •  (1) Every tire of a class prescribed by subsection 3(1) or 4(1) must have a tire identification number on one of its sidewalls.

  • Marginal note:Tires of a class prescribed by subsection 5(1)

    (2) Every tire of a class prescribed by subsection 5(1) must have

    • (a) a tire identification number on one of its sidewalls; and

    • (b) a tire identification number or a partial tire identification number on its other sidewall.

  • Marginal note:Manner and location

    (3) Except in the case referred to in subsection (8), the tire identification number and partial tire identification number must be permanently moulded into or onto the tire

    • (a) in the manner and at the location specified in Figures 2 and 3 of Schedule 1; and

    • (b) at a depth or height of not less than 0.5 mm and not more than 1 mm as measured from the immediate surrounding surface of the tire.

  • Marginal note:Mandatory symbols

    (4) The tire identification number must consist of the following groups of symbols:

    • (a) two or three symbols approved by the Minister or by the United States National Highway Traffic Safety Administration that identify the manufacturer of the tire;

    • (b) two symbols that identify the size designation of the tire; and

    • (c) four symbols that identify, in the following manner, the tire’s date of manufacture:

      • (i) the first two symbols correspond to the week of manufacture of the tire, with “01” indicating the week that begins on the first Sunday in a year, “02” indicating the week that begins on the second Sunday in the year, and so on until and including the week that begins on the last Sunday in the year, and

      • (ii) the last two symbols are the last two digits of the year in which the week identified in accordance with subparagraph (i) begins.

  • Marginal note:Optional symbols

    (5) At the manufacturer’s option, to identify the tire type, the tire identification number may also include not more than four symbols that

    • (a) identify the owner of the brand name, if applicable; and

    • (b) form a code identifying the main characteristics of the tire.

  • Marginal note:Laser-etching

    (6) At the manufacturer’s option, instead of being permanently moulded into or onto the tire, the symbols referred to in paragraph (4)(c) may, not later than 24 hours after the tire is removed from the mould, be permanently laser-etched into it

    • (a) in the manner and at the location specified in Figures 2 and 3 of Schedule 1; and

    • (b) at a depth or height of not less than 0.5 mm and not more than 1 mm as measured from the immediate surrounding surface of the tire.

  • Marginal note:Permitted symbols

    (7) The tire identification number may consist of any of the following symbols:

    • (a) 0, 1, 2, 3, 4, 5, 6, 7, 8 and 9; and

    • (b) A, B, C, D, E, F, H, J, K, L, M, N, P, R, T, U, V, W, X and Y.

  • Marginal note:Optional symbols — Code of Federal Regulations

    (8) At the manufacturer’s option, the symbols referred to in subsection (4) and, if applicable, subsection (5) may be replaced by those set out in either option 1 or option 2 of Figure 1 of section 574.5, chapter V, Title 49 of the Code of Federal Regulations of the United States (revised as of October 1, 2015), in the manner and at the location specified in notes 1 to 4 of that figure and in paragraphs (a)(1), (b)(1) to (3), (d)(1), (e)(1) to (3) and (f) of that section.

  • Marginal note:For greater certainty

    (9) For greater certainty, the requirements of section 574.5, chapter V, Title 49 of the Code of Federal Regulations of the United States referred to in subsection (8) respecting retreaded tires do not apply.

  • SOR/2020-22, s. 28

National Safety Mark

Marginal note:National Safety Mark

  •  (1) For the purposes of these Regulations, the symbol set out in Figure 1 of Schedule 1 is prescribed as the national safety mark.

  • Marginal note:Authorization by Minister

    (2) For the purposes of subsection 3(2) of the Act, on application by a company, the Minister may, in the form set out in Schedule 2, authorize the company to apply the national safety mark to a tire.

  • Marginal note:Application of the national safety mark

    (3) For the purposes of subsection 3(2) of the Act, when a company applies the national safety mark to a tire, the company must

    • (a) reproduce the symbol set out in Figure 1 of Schedule 1 with the minimum height specified in Figure 3 of that Schedule; and

    • (b) permanently mould the symbol into or onto one sidewall of the tire

      • (i) in one of the places shown in Figure 3 of Schedule 1, and

      • (ii) at a depth or height of not less than 0.5 mm and not more than 1 mm as measured from the immediate surrounding surface of the sidewall.

  • SOR/2020-22, s. 29

Tire Information

Marginal note:Manufacturers and importers

  •  (1) A company must, in respect of the tires of each specific size designation and type that it manufactures or imports, provide to the Minister, at the address set out in Schedule 3, to the dealers of the tires, and to any person who requests it, the following information:

    • (a) a list of the rims designed for use with the tires, together with a diagram and the dimensions of each of the rims;

    • (b) a table showing the type of construction and the intended use of the tires, together with the various load ratings; and

    • (c) a table and diagram showing the dimensions of the tires.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of tires of a specific size designation and type if the information specified in that subsection in respect of the tires appears in a publication issued by any of the following:

    • (a) the Tire and Rim Association, Inc.;

    • (b) the European Tyre and Rim Technical Organisation;

    • (c) the Japan Automobile Tire Manufacturers’ Association, Inc.;

    • (d) the Deutsches Institut für Normung e. V.;

    • (e) the British Standards Institution;

    • (f) the Scandinavian Tire and Rim Organization – STRO;

    • (g) the Tyre and Rim Association of Australia;

    • (h) the Associação Latino Americana de Pneus e Aros;

    • (i) the Tire and Rim Engineering Data Committee of South Africa;

    • (j) the South African Bureau of Standards;

    • (k) the Indian Tyre Technical Advisory Committee; or

    • (l) the Instituto Argentino de Normalización y Certificación.

Records

Marginal note:Records

  •  (1) A company must maintain — for each tire 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 tire is manufactured or imported.

  • Marginal note:If records maintained on behalf of company

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

  • Marginal note:Request from inspector

    (2.1) 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 the 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.

  • Marginal note:Tires imported from United States

    (3) If a tire is imported from the United States, records that the manufacturer of the tire maintains and makes available to the Administrator of the United States National Highway Traffic Safety Administration in accordance with section 30166, chapter 301, title 49 of the United States Code are considered to meet the requirements of subsection (1).

  • SOR/2019-253, s. 6

Marginal note:Records — mandatory symbols

  •  (1) A company must maintain a record of the symbols required by paragraph 6(4)(b) and the corresponding size designation of the tire.

  • Marginal note:Records — optional symbols

    (2) If a company uses the symbols referred to in subsection 6(5), it must maintain a record of the symbols used, accompanied by the full name of the owner of the brand name, if applicable, and a description of the main characteristics of the tire.

  • Marginal note:Records — Code of Federal Regulations symbols

    (3) If a company uses the symbols referred to in subsection 6(8), it must maintain a record of the following, with a corresponding legend:

    • (a) the symbols that identify the size designation of the tire;

    • (b) the code that identifies the main characteristics of the tire; and

    • (c) the symbols that identify the name of the owner of the brand name.

  • Marginal note:Provision of records to Minister

    (4) A company must, on request, make any record referred to in this section available to the Minister.

  • SOR/2020-22, s. 30

Registration Systems

Marginal note:Written notice

  •  (1) For the purpose of maintaining a registration system referred to in paragraph 5(1)(h) of the Act, the company must provide, to each person who purchases from the company a tire manufactured, imported or sold by the company, a written notice, in both official languages, that

    • (a) permits a retail purchaser to provide to the company, or to a duly authorized representative of the company, the retail purchaser’s name, mailing address and email address, the tire identification number and the date of purchase; and

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

  • Marginal note:On-line registration or card

    (2) If the written notice does not permit the retail purchaser to provide the information to the company by means of an on-line registration system, the company must provide to the person who purchases the tire from the company a card that permits the retail purchaser to provide the information to the company at no-cost.

  • Marginal note:Information to be kept in registration system

    (3) The registration system maintained by the company must consist of the information provided under paragraph (1)(a).

  • Marginal note:Minimum retention period

    (4) The information kept in the registration system must be retained for at least five years after the day on which the tire is sold.

Importation

General

Marginal note:Declaration

  •  (1) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a tire of a class prescribed by subsection 3(1), 4(1) or 5(1) must make, at the nearest customs office that is open for business, a declaration that is signed by the company’s duly authorized representative and that sets out

    • (a) the name of the manufacturer of the tire;

    • (b) the name, telephone number, postal address and email address of the company;

    • (c) a statement from the manufacturer or its duly authorized representative that the tire conforms to the standards prescribed for a tire of that class by sections 3 to 5 at the time the tire was manufactured;

    • (d) the brand name, size designation and type of the tire and the number of tires of that size designation and type imported at the same time; and

    • (e) the date on which the tire was imported.

  • Marginal note:Importation of 10,000 or more tires

    (2) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada 10,000 tires or more a year may provide the declaration referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

  • Marginal note:Tires imported from United States

    (3) A company that imports a tire into Canada from the United States may replace the statement referred to in paragraph (1)(c) with a statement from the manufacturer or its duly authorized representative that the tire was manufactured for sale in the United States and conforms on the day of its manufacture to the requirements established under chapter 301, title 49 of the United States Code.

  • Marginal note:Used tires for large motor vehicles

    (4) In the case of a used tire, the statement referred to in paragraph (1)(c) may be replaced with a statement that the tire bears a national safety mark, a DOT symbol used by the United States Department of Transportation or a JIS symbol used by the Japanese Standards Association, if the tire

    • (a) is designed for use on a motor vehicle with a GVWR of more than 4 536 kg;

    • (b) is designed to fit on a rim that has a rim diameter greater than 406.4 mm; and

    • (c) has a load range of not less than D or a ply rating of not less than 8, as specified for a tire of that size designation and type in a publication referred to in subsection 8(2).

Temporary Importation

Marginal note:Prescribed purposes

  •  (1) For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a tire may be imported temporarily are the following:

    • (a) exhibition;

    • (b) demonstration;

    • (c) evaluation; and

    • (d) testing.

  • 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 tire and contain the following information:

    • (a) the name of the manufacturer of the tire;

    • (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 brand name, size designation and type of the tire;

    • (d) the date on which the tire is to be presented for importation;

    • (e) the purpose for which the tire is being imported and a statement that it will be used only for that purpose;

    • (f) a statement indicating that the tire 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 tire 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.

  • SOR/2020-22, s. 31

Notice of Defect

Marginal note:Prescribed person

  •  (1) For the purposes of subsection 10(1) of the Act, a person, other than the first retail purchaser, who obtained a tire 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 tire’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.

  • Marginal note:Period

    (3) A company must give the notice of defect to the tire’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.

  • 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 tire;

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

    • (d) for each tire that may contain the defect, its brand name, size designation and type and any other information that is necessary to permit its identification;

    • (e) the period during which the tires were manufactured;

    • (f) the estimated number of tires that could potentially contain the defect;

    • (g) the estimated percentage of the tires 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 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 tire’s current owner 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 tire’s current owner must contain the following information:

    • (a) the company’s name;

    • (b) the brand name, the size designation, the type and the tire 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 tire 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 that may be affected by the defect;

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

    • (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 tire’s current owner,

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

      • (v) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

    • (n) 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 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 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 of the tire 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 tire that may contain the defect, its brand name, size designation, type and tire 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) the motor vehicle safety recall number that is 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 tire;

    • (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;

    • (i) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

    • (j) 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 to the prescribed person 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.

  • SOR/2015-111, s. 4
  • SOR/2019-253, s. 7

Notice of Non-compliance

Marginal note:Prescribed person

  •  (1) For the purposes of subsection 10.1(1) of the Act, a person, other than the first retail purchaser, who obtained a tire from a company is a prescribed person.

  • Marginal note:Form and language

    (2) A notice of non-compliance that is required to be given under subsection 10.1(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 tire’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.

  • Marginal note:Period

    (3) Unless the notice of non-compliance contains a statement under subparagraph (4)(k)(i), a company must give the notice of non-compliance to the tire’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.

  • Marginal note:Period — statement denied

    (3.1) If the notice of non-compliance contains a statement under subparagraph (4)(k)(i) and the Minister advises the company that the Minister has determined that the non-compliance is not inconsequential to safety, the company must give the notice of non-compliance to the tire’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.

  • Marginal note:Notice to Minister — content

    (4) A notice of non-compliance 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 tire;

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

    • (d) for each tire that may be non-compliant, the brand name, the size designation, the type and any other information that is necessary to permit its identification;

    • (e) the period during which the tires were manufactured;

    • (f) the estimated number of tires that could potentially be non-compliant;

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

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

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

    • (j) 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;

    • (k) 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;

    • (l) a description of the corrective measures to be taken in respect of the non-compliance 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 non-compliance will be sent to the tire’s current owner and the estimated date on which the notice of non-compliance 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), (l) and (m) 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:Information referred to in paragraph (4)(n)

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

  • Marginal note:Notice to owner — content

    (6) A notice of non-compliance that is given to the tire’s current owner must contain the following information:

    • (a) the company’s name;

    • (b) the brand name, the size designation, the type and tire 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 systems or components that may be affected by the non-compliance;

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

    • (i) the warning signs, if any, of any 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 tire’s current owner,

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

      • (v) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

    • (n) 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 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 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 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.

  • Marginal note:Notice to prescribed person — content

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

    • (a) the company’s name;

    • (b) for each tire that may be non-compliant, the brand name, the size designation, the type, the identification number and any other information 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 that is issued by the Department of Transport;

    • (e) a description of the non-compliance, including the causes;

    • (f) operating conditions or other factors that may cause a malfunction of the tire;

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

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

    • (i) the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable; and

    • (j) 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 to the prescribed person 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.

  • SOR/2019-253, s. 7

Reports

Marginal note:Initial report — notice to current owners

  •  (1) Within five working days after the day on which a company begins sending a notice of defect or non-compliance to current owners, the company must provide the Minister with a report containing

    • (a) a copy of the notice;

    • (b) a sample of the envelope used to mail the notice;

    • (c) the date on which the company began sending notices;

    • (d) the date on which the company finished, or expects to finish, sending notices;

    • (e) the number of tires that are subject to the notice; and

    • (f) the tire identification number for each tire that may contain the defect or may be non-compliant, unless that information is provided to the Minister under paragraph (3)(a).

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a company is not required to provide a sample of the envelope if it uses an envelope that has previously been provided as a sample to the Minister and the report includes the date on which the sample was provided.

  • Marginal note:Initial report — notice to prescribed persons

    (3) Within five working days after the day on which a company begins sending a notice of defect or non-compliance to prescribed persons, the company must provide to the Minister a report containing

    • (a) a copy of the notice; and

    • (b) if no notices are sent to current owners, the number of tires that are subject to the notice.

  • Marginal note:Follow-up reports

    (4) For a period of five years beginning on the 60th day after the day on which a company gives a notice to the Minister under subsection 10(1) or 10.1 of the Act, the company must provide the Minister, within five working days after the day on which they are sent to their recipients, a copy of any of the following communications, with the date on which they were sent to their recipients:

    • (a) communications sent to more than one current owner relating to the defect or non-compliance; and

    • (b) communications sent to more than one prescribed person relating to

      • (i) the information set out in subsection 13(9) or 13.01(9), and

      • (ii) the defect or non-compliance.

  • SOR/2019-253, s. 7

Marginal note:Quarterly reports

  •  (1) For the purposes of section 10.2 of the Act, a company that gives a notice of defect or non-compliance to a current owner or a prescribed person must provide the Minister with quarterly reports that contain the following information:

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

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

    • (c) the number of tires that are subject to the notice, including the day on which the number was updated by the company;

    • (d) the number of tires for which corrective measures have been taken, including those that required only an inspection, and the day on which that number was determined by the company; and

    • (e) a statement setting out the manner in which the company disposed of the defective tires.

  • Marginal note:Calendar

    (2) The company must provide the Minister with quarterly reports, in accordance with the following schedule, for a period of two years beginning on the 60th day after the day on which the company gives a notice to the Minister under subsection 10(1) or 10.1(1) of the Act:

    • (a) for the first calendar quarter, from January 1 through March 31, on or before April 30;

    • (b) for the second calendar quarter, from April 1 through June 30, on or before July 30;

    • (c) for the third calendar quarter, from July 1 through September 30, on or before October 30; and

    • (d) for the fourth calendar quarter, from October 1 through December 31, on or before January 30 of the following year.

  • SOR/2019-253, s. 7

Transitional Provision, Consequential Amendment, Repeal and Coming into Force

Transitional Provision

Marginal note:Conformity

 Until September 1, 2014, tires of a class prescribed by subsection 3(1), 4(1) or 5(1) may, instead of conforming to the applicable requirements of sections 3 to 5, conform to the applicable requirements of sections 5, 6 and 8 to 10 of the Motor Vehicle Tire Safety Regulations, 1995 as they read on the day before the day on which these Regulations came into force.

Consequential Amendment to the Motor Vehicle Safety Regulations

 [Amendment]

Repeal

 [Repeal]

Coming Into Force

Marginal note:Publication date

Footnote * These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

SCHEDULE 1(Paragraphs 6(3)(a) and (6)(a), subsection 7(1), paragraph 7(3)(a) and subparagraph 7(3)(b)(i))National Safety Mark and Tire Identification Numbers

Symbol for the national safety mark, consisting of the top half of a maple leaf attached to the bottom half of a circle.

Figure 1 — National Safety Mark

Diagram showing the groups of symbols that make up the tire identification number, with the tire identification number dimensions and symbol specifications.

Figure 2 — Tire Identification Number

Notes:
  • 1 For tires with a cross-section of less than 155 mm or a bead diameter of less than 330 mm, the minimum height of the characters in the tire identification number is 4 mm.

  • 2 The tire identification number must be in Futura Bold, Modified, Condensed characters or in Gothic characters.

  • 3 This drawing is not to scale.

Diagram showing the location of the tire identification number and the national safety mark on the sidewall of a tire, with the tire identification number dimensions and symbol specifications.

Figure 3 — Location of Tire Identification Number and National Safety Mark

  • SOR/2020-22, s. 32

SCHEDULE 2(Section 7(2))

Department of Transport

Motor Vehicle Safety Act (section 3)

Motor Vehicle Tire Safety Regulations (subsection 7(2))

Ministerial Authorization

Under the Motor Vehicle Safety Act and the Motor Vehicle Tire Safety Regulations,

[company name and address]

is authorized to apply the national safety mark to any tire of a prescribed class referred to in subsection 3(1), 4(1) or 5(1) of the Motor Vehicle Tire Safety Regulations, on the condition that the tire conforms to all of the applicable Canada Motor Vehicle Safety Standards.

The national safety mark must be applied at the following premises:

[address of the premises]

This ministerial authorization (number blank line) expires on blank line

Issued in Ottawa on blank line, 20blank line

blank line
for the Minister of Transport
  • SOR/2020-22, s. 32

SCHEDULE 3(Subsection 8(1))Address of Minister

Minister of Transport

c/o Road Safety and Motor Vehicle Regulation Directorate

Department of Transport

Place de Ville, Tower C

Ottawa, Ontario

K1A 0N5

  • SOR/2020-22, s. 33

SCHEDULE 4

[Repealed, SOR/2020-22, s. 34]
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