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

Notice of Non-compliance

Marginal note:Prescribed person

• 110.01 (1) For the purposes of subsection 10.1(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 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 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) 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 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 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 current owner of the restraint system or booster seat 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 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 be non-compliant, the 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 be non-compliant;

  • (g) the estimated percentage of the restraint systems or booster seats 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 of the restraint system or booster seat 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 to support 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 current owner of the restraint system or booster seat 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 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 be non-compliant with the requirements of the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations and that the non-compliance 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 non-compliance, including the causes;

  • (g) the systems or components of the restraint system or booster seat that may be affected by the non-compliance;

  • (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 non-compliance;

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

  • (k) the type of injury that may result 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, 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 to the current owner 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 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 restraint system or booster seat that may be non-compliant, the 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 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 system or component of the restraint system or booster seat;

  • (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; 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 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.

Reports

Marginal note:Initial report — notice to current owners

• 110.02 (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; and

  • (e) the number of restraint systems or booster seats that are subject to the notice.

• 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 restraint systems or booster seats 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(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 110(9) or 110.01(9), and

    • (ii) the defect or non-compliance.

Marginal note:Quarterly reports

• 110.03 (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 restraint systems or booster seats that are subject to the notice, including the day on which the number was updated by the company;

  • (d) the number of restraint systems or booster seats 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 parts, restraint systems or booster seats.

• 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.