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Motor Vehicle Safety Regulations

Version of section 13 from 2023-11-08 to 2024-11-26:

  •  (1) Any company applying for an exemption pursuant to section 9 of the Act must submit in writing to the Minister

    • (a) its name and address;

    • (b) the province or country under the laws of which it is established;

    • (c) the number, title and text or substance of the standards from which exemption is sought and the duration of that exemption;

    • (d) the reason for requesting an exemption;

    • (e) if applicable, the reasons for withholding from public disclosure any specific part of the information and data found in the application; and

    • (f) the reasons why the granting of the exemption would be in the public interest and consistent with the objectives of the Act.

  • (2) [Repealed, SOR/2023-222, s. 2]

  • (3) If the basis of an application for exemption is the development of new safety features that are equivalent to or superior to those that conform to the prescribed standards, the applicant must include in the submission to the Minister

    • (a) a description of the new features;

    • (b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;

    • (c) an analysis of how the level of performance of the new features is equivalent to or superior to the level of performance established by the prescribed standards, including

      • (i) a detailed description of how a vehicle equipped with the new features would, if exempted, differ from one that conforms to the prescribed standards, and

      • (ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent to or superior to that required by the prescribed standards;

    • (d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle; and

    • (e) a statement as to whether the manufacturer intends, at the end of the exemption period,

      • (i) to conform to the prescribed standards,

      • (ii) to apply for a further exemption, or

      • (iii) to request that the prescribed standards be amended to incorporate the new features.

  • (4) If the basis of an application for exemption is the development of new kinds of vehicles, technologies, vehicle systems or components, the applicant must include in the submission to the Minister

    • (a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the safe performance of the vehicle, including

      • (i) a detailed description of how the vehicle equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

      • (ii) the reasons why not conforming to the prescribed standards does not substantially diminish the safe performance of the vehicle, and

      • (iii) a discussion of other means of conformity that were considered and the reasons for rejecting each of them;

    • (b) the reasons why an exemption would facilitate the development or the field evaluation of the vehicle; and

    • (c) a statement as to whether the company intends, at the end of the exemption period, the vehicle to conform to the prescribed standards.

  • (5) If the Minister has made an exemption order under section 9 of the Act for a model of vehicle, the company must apply to every vehicle of that model a label that displays the following:

    • (a) the features of the vehicle and the standards, by number and title, in respect of which the exemption has been granted; and

    • (b) the short title of the exemption order and the identifier set out in the exemption order.

  • (6) The label must be securely applied to the windshield or a side window of the vehicle. However, in the case of a vehicle without a windshield or side windows or with windshield or side window surfaces that are too small for the label to be applied, the label must be securely applied in a readily accessible location and in such a manner that it is easily readable from outside the vehicle without moving any part of the vehicle.

  • SOR/86-995, s. 1
  • SOR/89-481, s. 1
  • SOR/90-805, s. 3
  • SOR/95-147, s. 2
  • SOR/2023-222, s. 2

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