On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

Defect Information

• 45 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall contain the following information:

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, phone number and, if any, facsimile number of the appropriate contact person;

  • (b) for each vehicle and engine in respect of which the notice is given, its make, model, model year and the period during which it was manufactured and, in the case of vehicles, the range or ranges of vehicle identification numbers, if known;

  • (b.1) the total number of vehicles or engines in respect of which the notice is given or, if the total number is not known, the estimated number, and the number or estimated number of vehicles or engines in each identifying classification;

  • (c) the estimated percentage of the potentially affected vehicles or engines that contain the defect;

  • (d) a description of the defect;

  • (e) an evaluation of the pollution risk arising from the defect;

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

  • (g) a chronology of the principal events that led to the determination of the existence of the defect, if known.

• (1.1) The notice of defect shall be given in writing and, when given to a person other than the Minister, shall be

  • (a) in both official languages; or

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

• (2) A company shall, within 60 days after giving a notice of defect, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

  • (a) any changes to the information referred to in subsection (1);

  • (a.1) if not already provided in the notice, the range or ranges of vehicle identification numbers;

  • (b) if not already provided in the notice, the total number of vehicles or engines in respect of which the notice was given and the number of vehicles or engines in each identifying classification;

  • (c) if not already provided in the notice, a chronology of the principal events that led to the determination of the existence of the defect; and

  • (d) copies of all notices, bulletins and other circulars issued by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations as necessary.

• (3) If a company submits an initial report under subsection (2), it shall submit, within 45 days after the end of each quarter, quarterly reports to the Minister respecting the defect and its correction that contain the following information:

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

  • (b) if applicable, the revised number of vehicles or engines in respect of which the notice of defect was given;

  • (c) the date on which the notice of defect was given to the current owners of the affected vehicles or engines and the dates of any follow-up communications with those owners in respect of the notice; and

  • (d) the total number or percentage of vehicles or engines repaired by or on behalf of the company, including vehicles or engines requiring inspection only.

Consequential Amendments

Motor Vehicle Safety Regulations

46 [Amendments]

47 [Amendment]

48 [Amendment]

Coming into Force

• 49 (1) Subject to subsection (2), these Regulations come into force on January 1, 2004.

• (2) Sections 7 to 9 come into force on the day on which these Regulations are registered.