Motor Vehicle Safety Regulations (C.R.C., c. 1038)

Regulations are current to 2017-12-11 and last amended on 2017-11-15. Previous Versions

Metric or Imperial System

 If, in the application to a vehicle 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 shall be used in the application to the vehicle of any other portion of the section or provision.

  • SOR/79-263, s. 1;
  • SOR/82-482, s. 1;
  • SOR/96-366, s. 2;
  • SOR/2009-318, s. 2.

Number of Wheels

 For the purpose of determining the number of wheels on a motorcycle or a three-wheeled vehicle, two wheels are considered to be one wheel if they are mounted on the same axle and the distance between the centres of their areas of contact with the ground is less than 460 mm.

  • SOR/2003-272, s. 2;
  • SOR/2009-318, s. 2;
  • SOR/2011-264, s. 2.

Designated Seating Capacity

  •  (1) Subject to subsections (2) and (3), the designated seating capacity of a vehicle is the sum of the number of designated seating positions and wheelchair locations in the vehicle.

  • (2) The designated seating capacity of a motor home that has a GVWR greater than 4 536 kg may, at the option of the manufacturer, be the number of sleeping positions in the motor home.

  • (3) If a folding or removable seat is positioned at one or more wheelchair locations, the greater of the following shall be used for the purposes of subsection (1):

    • (a) the number of designated seating positions that the seat contains, and

    • (b) the number of wheelchair locations.

  • SOR/2009-318, s. 2;
  • SOR/2011-264, s. 2.

Number of Designated Seating Positions

  •  (1) In subsection (3), measurement zone means the zone extending from a transverse vertical plane that is 150 mm behind the front leading surface of a seating surface to a transverse vertical plane that is 250 mm behind that front leading surface, measured horizontally and longitudinally.

  • (2) If a location in a vehicle that is likely to be used as a seating position has a seating surface width of at least 700 mm, the number of designated seating positions at that location shall be determined by using whichever of the following formulae is applicable and rounding the quotient down to the nearest whole number:

    • (a) if the location has a seating surface width of less than 1 400 mm,

      N = W / X

      where

      N
      is the number of designated seating positions,
      W
      is the seating surface width in millimetres, and
      X
      is 350 or, at the option of the manufacturer, a number that is chosen by the manufacturer and is less than 350 but not less than 330; and
    • (b) if the location has a seating surface width of 1 400 mm or more,

      N = W / X

      where

      N
      is the number of designated seating positions,
      W
      is the seating surface width in millimetres, and
      X
      is 450 or, at the option of the manufacturer, a number that is chosen by the manufacturer and is less than 450 but not less than 330.
  • (3) Adjacent seating surfaces are considered to form a single seating surface, unless

    • (a) the seating surfaces are separated by a fixed trimmed surface that has an unpadded top surface and that has a width of not less than 140 mm in each transverse vertical plane, as measured in the measurement zone;

    • (b) the seating surfaces are separated by a void whose cross section in each transverse vertical plane within the measurement zone is a rectangle that is not less than 140 mm wide and not less than 140 mm deep, and the top edge of the cross section in each of those planes is congruent with the transverse horizontal line that intersects the lowest point on the portion of the top profile of the seating surfaces that lie within the plane;

    • (c) interior trim interrupts a line drawn between the H-points of adjacent seating surfaces; or

    • (d) the seating surfaces are adjacent outboard seats, and the lateral distance between each point on the seat cushion of one seat and each point on the seat cushion of the other seat is not less than 140 mm.

  • (4) Folding, removable and adjustable seats must be measured in the configuration that results in the largest seating surface width.

  • (5) The number of designated seating positions in a bench type seat in a school bus shall be the number of seating positions determined in accordance with subsection 222(5) of Schedule IV.

  • SOR/2009-318, s. 2;
  • SOR/2011-264, s. 2.

Prescribed Class of a Vehicle

  •  (1) For the purpose of determining the prescribed class of a vehicle, any wheelchair location is considered to be equivalent to four locations for the purpose of determining the designated seating capacity if

    • (a) the vehicle was designed to have a designated seating capacity of more than 10; and

    • (b) any of the intended designated seating positions are replaced by a wheelchair location.

  • (2) For the purpose of determining the prescribed class of a vehicle resulting from the alteration of a bus by the replacement of any designated seating position with a wheelchair location, the location may, at the option of the manufacturer, be considered to be equivalent to four locations for the purpose of determining the designated seating capacity.

  • SOR/2011-264, s. 2.

National Safety Marks

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

  • SOR/79-491, s. 1;
  • SOR/82-482, s. 2;
  • SOR/95-147, s. 2;
  • SOR/2017-57, s. 1.

Prescribed Classes of Vehicles

  •  (1) The classes of vehicles set out in Schedule III are prescribed as classes of vehicles in respect of which these Regulations apply.

  • (1.1) An incomplete vehicle is prescribed as a class of vehicle in respect of which these Regulations apply.

  • (2) The prescribed classes referred to in subsections (1) and (1.1) do not include a vehicle that was manufactured 15 years or more before the date of its importation into Canada, except for a bus.

  • SOR/82-482, s. 3;
  • SOR/88-268, s. 2;
  • SOR/95-147, s. 2;
  • SOR/2002-55, s. 2.

Safety and Emission Requirements

[SOR/97-376, s. 1]
  •  (1) Each requirement set out in Schedules IV to VI is prescribed as a Canada Motor Vehicle Safety Standard for vehicles of prescribed classes.

  • (2) Subject to subsection (2.1), every vehicle of a prescribed class that is a completed vehicle shall conform to

    • (a) each standard referred to by number in column I of Schedule III, opposite which there is set out the letter “X” in the subcolumn designating that class or subclass of vehicle.

    • (b) [Repealed, SOR/2003-2, s. 46]

  • (2.1) [Repealed, SOR/2003-2, s. 46]

  • (3) Every incomplete vehicle shall conform to each standard set out in Schedules IV, V.1 and VI for completed vehicles to the extent that the standard governs the components that are fitted on the incomplete vehicle.

  • SOR/95-147, s. 2;
  • SOR/97-376, s. 2;
  • SOR/2002-55, s. 3;
  • SOR/2003-2, s. 46;
  • SOR/2003-272, s. 3.

Interprovincial Shipments

  •  (1) Notwithstanding section 4 of the Act, a manufacturer may ship from one province to another, or deliver to any person for the purpose of so shipping, a vehicle of a prescribed class manufactured in Canada that does not bear the national safety mark if

    • (a) the manufacturer files with the Minister a declaration, signed by that person or that person’s duly authorized representative, setting out the information referred to in subsection (2);

    • (b) the vehicle is being shipped or delivered for the purpose of exhibition, demonstration, evaluation or testing; and

    • (c) the vehicle is destroyed or returned to the province of origin within one year.

  • (2) A declaration made pursuant to subsection (1) shall set out the following information:

    • (a) the name and address of the manufacturer of the vehicle;

    • (b) the month and year the vehicle was manufactured;

    • (c) the class, make, model and vehicle identification number of the vehicle;

    • (d) the use to be made of the vehicle;

    • (e) the estimated period of time the vehicle will be used on public roads;

    • (f) whether the vehicle will be destroyed or returned to the province of origin after completion of the purpose for which it was shipped or delivered; and

    • (g) the date the vehicle will be destroyed or returned to the province of origin.

  • (3) The declarations made in accordance with subsection (2)

    • (a) shall be filed prior to shipping or delivering the vehicle; or

    • (b) in the case of a company whose world production of vehicles is 2,500 or more a year, may be filed with the Minister quarterly.

  • SOR/95-494, s. 1.
 
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