Motor Vehicle Safety Act (S.C. 1993, c. 16)

Act current to 2017-12-11 and last amended on 2015-05-15. Previous Versions

Marginal note:Analytical aids

 A company that applies a national safety mark to any vehicle or equipment or that imports any vehicle or equipment of a class for which standards are prescribed shall, on the Minister’ request, provide the Minister with the means to retrieve and analyse information created or recorded by the vehicle or equipment.

  • 1993, c. 16, s. 8;
  • 1999, c. 33, s. 352;
  • 2014, c. 20, s. 218.

Vehicle Exemptions

Marginal note:Exemption from standards
  •  (1) On application by a company as provided for in the regulations, the Governor in Council may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if conformity with that standard would, in the opinion of the Governor in Council,

    • (a) create substantial financial hardship for the company;

    • (b) impede the development of new safety features that are equivalent to or superior to those that conform to prescribed standards; or

    • (c) impede the development of new kinds of vehicles, vehicle systems or components.

  • Marginal note:Period and extent of exemption

    (2) An exemption for a model may be granted for a period not exceeding

    • (a) three years, where paragraph (1)(a) applies; or

    • (b) two years, in respect of a stated number of units of that model not exceeding one thousand units, where paragraph (1)(b) or (c) applies.

  • Marginal note:Conditions for granting exemption

    (3) An exemption may not be granted for a model if the exemption would substantially diminish the safe performance of the model or if the company applying for the exemption has not attempted in good faith to bring the model into conformity with all prescribed standards applicable to it.

  • Marginal note:Idem

    (4) An exemption applied for by a company for any period may not be granted on the basis referred to in paragraph (1)(a) where

    • (a) the world production of vehicles manufactured by the company or by the manufacturer of the model that is the subject of the application exceeded ten thousand vehicles in the twelve month period beginning two years before the beginning of that period; or

    • (b) the total number of vehicles manufactured for, or imported into, the Canadian market by the company exceeded one thousand vehicles in that twelve month period.

  • Marginal note:Renewal of exemption

    (5) On expiration of the period of an exemption, a new exemption may be granted in accordance with this section.

  • 1993, c. 16, s. 9;
  • 1999, c. 33, s. 353;
  • 2014, c. 20, s. 219.

Notice of Defect and of Non-Compliance

Marginal note:Notice of defect
  •  (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to

    • (a) the Minister, on becoming aware of the defect; and

    • (b) the current owner and any other prescribed person, within the period provided for in the regulations.

  • Marginal note:Notice already given

    (2) A company is not required to give notice of a defect

    • (a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or

    • (b) for which a notice of non-compliance has been given under section 10.1.

  • Marginal note:Subsequent notice

    (2.1) If the Minister determines that a defect has not been corrected in an adequate number of vehicles or equipment for which notice was given under subsection (1), the Minister may, by order, require the company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the defect corrected. In making this determination, the Minister shall take into consideration, among other things,

    • (a) the nature of the defect;

    • (b) the safety risk arising from it; and

    • (c) the total number of vehicles or equipment affected.

  • Marginal note:Unknown owner

    (3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company,

    • (a) the company shall give notice in any other manner that is acceptable to the Minister; or

    • (b) the Minister may exempt the company from the requirement to give notice to the current owner.

  • Marginal note:Power to order

    (4) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give notice of a defect in the manner specified in the order, if the Minister considers that it is in the interest of safety.

  • Marginal note:Statutory Instruments Act

    (4.1) The Statutory Instruments Act does not apply to an order made under subsection (2.1) or (4).

  • Marginal note:Particulars to provincial authorities

    (5) Forthwith on receiving any notice under subsection (1), the Minister shall forward full particulars of the notice to the minister or other officer responsible for motor vehicle administration in each province.

  • (6) and (7) [Repealed, 2014, c. 20, s. 221]

  • 1993, c. 16, s. 10;
  • 2014, c. 20, s. 221.
Marginal note:Notice of non-compliance
  •  (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to

    • (a) the Minister, on becoming aware of the non-compliance; and

    • (b) the current owner and any other prescribed person, within the period provided for in the regulations.

  • Marginal note:Notice already given

    (2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment.

  • Marginal note:Exception

    (3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b).

  • Marginal note:Subsequent notice

    (4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things,

    • (a) the nature of the non-compliance;

    • (b) the safety risk arising from it; and

    • (c) the total number of vehicles or equipment affected.

  • Marginal note:Unknown owner

    (5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company

    • (a) the company shall give notice in any other manner that is acceptable to the Minister; or

    • (b) the Minister may exempt the company from the requirement to give notice to the current owner.

  • Marginal note:Particulars to provincial authorities

    (6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province.

  • Marginal note:Power to order

    (7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified by the Minister, if the Minister considers that it is in the interest of safety.

  • Marginal note:Statutory Instruments Act

    (8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7).

  • 2014, c. 20, s. 222.
 
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