Canada Gazette, Part I, Volume 152, Number 20: Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (National Safety Marks and Importation)

May 19, 2018

Statutory authority

Motor Vehicle Safety Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Motor Vehicle Safety Act (the Act) was amended in 2014 to, among other things, reduce barriers to the import of certain motor vehicles into Canada, from Mexico and the United States. As a result of this amendment, the Motor Vehicle Safety Regulations (the Vehicle Regulations) need to be amended to reflect changes to the Act. The regulatory amendments will come into force at the same time as the related amendments to the Act.

Under the current Vehicle Regulations, some types of off-road or slow-moving vehicles (such as power-assisted bicycles, scooters and electric or low-speed all-terrain vehicles) are required to meet regulatory safety requirements. Owing to their low speed and off-road use, Transport Canada is proposing that it will no longer regulate these vehicles, thus excluding them from any prescribed class.

There have also been concerns raised regarding the use of the expressions “at the time [of] the main assembly” in the Act and “date of manufacture” in the Vehicle Regulations. Amendments are proposed to the Vehicle Regulations to clarify how these two expressions are linked. In addition, other changes to the Act and the need for clarifications require that minor amendments be made to the Vehicle Regulations, the Motor Vehicle Tire Safety Regulations (the Tire Regulations) and the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (the Restraint Systems and Booster Seats Regulations).

Background

The North American Free Trade Agreement (NAFTA) provides that, as of January 1, 2019, Canada cannot adopt or maintain any prohibition or restriction on the importation of used vehicles from Mexico. Accordingly, the Vehicle Regulations are being amended to implement this obligation.

To deliver on this commitment, the Act was amended in 2014, permitting the importation of prescribed used vehicles from Mexico into Canada that do not comply with the vehicle requirements referred to in sections 5 and 6 of the Act, on the condition that they meet certain regulatory requirements and, before they are registered under the laws of a province, that they are brought into conformity with other specific Canadian safety regulatory requirements and certified by the Registrar of Imported Vehicles (i.e. the vehicles must satisfy these requirements before they are registered and used).

A new subsection 7(2.1) was created under the amended Act that will allow, under certain conditions, vehicles from the United States or Mexico to be imported and to be dismantled for their components. Such vehicles cannot be registered under the laws of a province or territory.

Paragraph 7(1)(a) of the Act that deals with temporary importation was also amended. Currently, the Act only permits the temporary importation of vehicles and equipment into Canada that do not conform to sections 5 and 6 of the Act for the purposes of exhibition, demonstration, evaluation or testing. Once it is in force, the new paragraph 7(1)(a) would permit the temporary importation of vehicles and equipment into Canada for purposes set out in the Regulations, but still only if the vehicle or equipment will be used for one of the prescribed purposes. In addition, subject to the Minister’s approval, the importer may donate the vehicle.

The definition “national safety mark” set out in the Act will be replaced and Schedule II — National Safety Mark will be repealed. Currently, the national safety marks for vehicles and for restraint systems and booster seats are set out in the respective regulations, but the Tire Regulations refer to the national safety mark in Schedule II of the Act. Changes must be made to Schedule I of the Vehicle Regulations to replace the national safety mark for vehicles and to Schedule 2 of the Tire Regulations to set out the national safety mark for tires.

Hereinafter in this Regulatory Impact Analysis Statement, the Motor Vehicle Safety Regulations, the Motor Vehicle Tire Safety Regulations and the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations shall be referred to as the Regulations.

Objectives

The objective of the proposed amendment is to reduce trade barriers by amending the Vehicle Regulations so they reflect the changes to the Act that will come into force at the same time as these amendments. These amendments include amending the requirements related to temporary importation, vehicles imported from Mexico, and vehicles imported from the United States and Mexico for parts. Furthermore, due to the future importation framework set out in the Act, this proposed amendment will amend the current requirements for vehicles imported from the United States.

In the amended Act, the definition of “national safety mark” was replaced and Schedule II was repealed. Changes will be made to Schedule I of the Vehicle Regulations to replace the national safety mark for vehicles as well as to Schedule 2 of the Tire Regulations to set out the national safety mark for tires.

In addition, it is proposed to exclude vehicles with a maximum attainable speed of less than 32 km/h from the regulatory requirements applicable to their classes of vehicles. This would allow Canada to harmonize the Vehicle Regulations with those of the United States in this respect. These traditionally off-road types of vehicles would clearly no longer be regulated under the Act. Further, this proposed amendment would clarify the link between the expression “date of manufacture”, used in the Vehicle Regulations, and the expression “at the time [of] the main assembly”, used in the Act.

Description

This amendment proposes to update the Vehicle Regulations to specify which vehicles may be imported from Mexico and to set out the conditions and the requirements under which these vehicles may be imported into Canada. Subsection 7(2) of the Act has been amended to regulate the importation of vehicles from Mexico and vehicles sold at the retail level in the United States. The proposed amendment of section 12 of the Vehicle Regulations would require that vehicles imported from Mexico conform to the same requirements applicable to the importation of vehicles sold at the retail level in the United States. Furthermore, it would define a prescribed vehicle from Mexico as a used passenger car, multi-purpose passenger vehicle, truck or bus. A used vehicle would mean a vehicle that has been sold, leased or loaned; has been driven for more than 1 000 km if the vehicle has a gross weight of less than five metric tons, or 5 000 km if the vehicle has a gross weight of five metric tons or more; or was manufactured prior to the current year and at least 90 days have elapsed since the date of manufacture.

Furthermore, subsection 7(2.1) has been added to the Act to allow the importation of prescribed vehicles from Mexico and vehicles sold at the retail level in the United States that do not conform to Canadian safety standards and that are imported so that they may be dismantled for their components to be sold individually. These amendments propose to add a section to the Vehicle Regulations to regulate the importation of these vehicles for their components. A vehicle imported into Canada to be dismantled into parts cannot be registered under the laws of a province.

With the amendment to paragraph 7(1)(a) of the Act, the current temporary importation regime for vehicles or equipment that will be used in Canada for exhibition, demonstration, evaluation and testing is being replaced. The amended Act will provide that the temporary importation of vehicles and equipment must be for a prescribed purpose. The Regulations will clearly set out prescribed purposes and the necessary conditions under which a vehicle or equipment can be imported. The current options for temporary importation (exhibition, demonstration, evaluation and testing) will be retained and new options are being introduced, including for use as a promotional tool and for visits to Canada in the case of a vehicle that is licensed in the United States and owned by a person with a residential address in Canada. It should be noted that the temporary importation of vehicles for promotional use is expected to have an additional administrative process.

Under subsection 7(1.02) of the Act, it will be possible for a temporarily imported vehicle to be donated, as provided for in the proposed amendment to the Vehicle Regulations. The Vehicle Regulations will provide the donor with a choice of two recipients, a public museum or an educational institution designated by the Canada Revenue Agency.

It is proposed that the Tire Regulations and the Restraint Systems and Booster Seats Regulations also be amended to set out the conditions under which these types of equipment can be imported on a temporary basis.

As a result of the new definition of “national safety mark” in the Act, Schedule II of the Act, which currently contains the symbol for the national safety mark, will be repealed. Consequently, amendments are required to replace the national safety mark for the purposes of the Vehicle Regulations and to set out the national safety mark for the purposes of the Tire Regulations.

In addition, this amendment would exclude vehicles that are designed to have a maximum speed of less than 32 km/h over a distance of 1.6 km (1 mile). The Canadian regulations would thereby align with those of the United States. Therefore, vehicles such as power-assisted bicycles, scooters and electric or low-speed all-terrain vehicles would not be federally regulated and would fall under provincial or territorial jurisdictions. The provinces and territories have the freedom of deciding whether to permit the use of these vehicles in their jurisdictions.

This amendment proposes to introduce in the Vehicle Regulations a definition for “date of manufacture”. This new definition is needed to clarify the link between the expressions “at the time [of] the main assembly”, used in the Act, and “date of manufacture”, used in the Vehicle Regulations. These different expressions were intended to have the same basic meaning; therefore, “date of manufacture” would be defined in the Vehicle Regulations as the day, month and year on which the main assembly of the vehicle was completed.

This amendment also proposes to expand the restricted-use motorcycle definition to include four wheeled off-road utility vehicles. Currently, these vehicles are not regulated and their inclusion in the scheme under the Act will ensure that, among other things, these vehicles would fall under the defect and recall regime. This amendment is proposing to remove, from the definition of restricted-use motorcycle, the steering handlebar requirement. Thus, once the amendment is in force, the definition would encompass off-road utility vehicles that have a steering wheel.

Finally, while updating the Tire Regulations in 2013, Transport Canada had allowed a 2- or 3-character plant code in the tire information number (TIN) in anticipation of the upcoming plant code upgrade of the National Highway Traffic Safety Administration (NHTSA). However, when the NHTSA issued its 2015 Final Rule regarding the TIN, in addition to the 3-character plant code, the United States TIN was fixed at 13 characters. Since then, tire manufacturers have requested the option to use the United States TIN format on tires sold in Canada to avoid the need for duplicate tire tooling. Transport Canada proposes to allow manufacturers to use the new United States 13-character TIN. This will provide the most configuration flexibility and will minimize the financial impact on tire manufacturers, while maintaining TIN decipherability.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs on small business.

Consultation

Transport Canada periodically issues its Regulatory Plan, which describes planned regulatory initiatives and changes to the Motor Vehicle Safety Regulations. This plan is distributed to stakeholders (automotive industry, public safety organizations, and interested members of the general public). Stakeholders have the opportunity to comment on these initiatives by letter or email. Transport Canada also consults regularly, in face-to-face meetings or by teleconference, with the automotive industry, public safety organizations, the provinces and the territories.

The intent to move forward with this regulatory initiative was included in the Forward Regulatory Plan and Transport Canada’s Vehicle Safety Regulatory Plan that is distributed to the automotive industry and other stakeholders, either directly or through various industry associations and others. A summary outlining the initial drafting instructions to the Vehicle Regulations was provided to the vehicle manufacturers. Meetings were held with vehicle manufacturers and their representative organizations, where the changes to the regulatory requirements were further discussed. All stakeholder comments were taken into consideration while finalizing this proposed amendment. No formal public consultations were held during the development of this proposal.

Transport Canada also consults biannually with the Tire and Rubber Association of Canada, which is the industry association representing tire manufacturers. TIN consultations took place during various meetings, being dedicated agenda items, and comments were also received from individual tire companies. During the May 2016 meeting, Transport Canada presented a proposal to allow the new 13 character NHTSA TIN, as well as the variable length TIN that is in use under the current regulation. Transport Canada invited additional comments and provided an overview of the regulatory process. The proposal was positively received by the tire industry.

Rationale

The proposed amendment would reduce trade barriers by amending the requirements related to temporary importation, vehicles imported from Mexico, and vehicles imported from the United States and Mexico for parts. This proposal is aligned with the NAFTA objectives to eliminate trade barriers and facilitate the cross border movement of goods and services between Canada, the United States and Mexico, and delivers on specific commitments to remove barriers to the importation of used motor vehicles from Mexico.

The proposed amendment would also clarify the requirements for vehicles and equipment imported temporarily for a prescribed purpose, and harmonize parts of the Regulations with the amended Act, such as sections 11 and 12 of the Vehicle Regulations and the provisions related to the national safety mark for tires. Allowing used vehicle imports from Mexico may make a greater number of used motor vehicles available to Canadians. The amended Vehicle Regulations would require that these vehicles satisfy specific Canadian safety requirements, and overall Transport Canada does not anticipate that the proposal would have a significant impact on the market for motor vehicles in Canada.

In addition, the proposed amendment would align Canada with the United States by adding a minimum speed for vehicles to exclude slow-moving vehicles, such as power-assisted bicycles, scooters and electric or low-speed all-terrain vehicles. This would clarify Transport Canada’s policy intent that these slow-moving vehicles are excluded from the Vehicle Regulations, as these vehicles travel at low speeds and are used off-road.

In order to eliminate any uncertainty regarding the expression “time [of] the main assembly” (used in the Act) and the expression “date of manufacture” (used in the Vehicle Regulations), it is proposed to define the latter in the Vehicle Regulations.

The definition of “restricted-use motorcycle” is also being amended to ensure that these types of vehicles will fall under the defect and recall regime. Finally, Transport Canada would allow tire manufacturers greater flexibility in respect of the TIN format, by keeping existing Canadian TIN configurations as well as allowing those introduced by the United States in its 2015 Final Rule regarding the TIN.

Implementation, enforcement and service standards

Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the Motor Vehicle Safety Act and its regulations. Transport Canada monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. In addition, when a manufacturer or importer identifies a defect in a vehicle or equipment, it must issue a notice of defect to the owners and to the Minister of Transport. Any person or company that contravenes a provision of the Motor Vehicle Safety Act or its regulations is guilty of an offence, and liable to the applicable penalty set out in the Act.

contact

Contact

Marie Williams-Davignon
Senior Regulatory Development Engineer
Motor Vehicle Safety
Transport Canada
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email:
regsclerkcommis@tc.gc.ca

Please note: It is important that your comments be provided to the attention of the person noted above before the closing date. Submissions not sent directly to the person noted may not be considered as part of this regulatory proposal. An individual response to your submission will not be provided. The Canada Gazette, Part II, will contain any changes that are made resulting from comments received, along with a summary of relevant comments. Please indicate in your submission if you do not wish to be identified or if you do not wish to have your comments published in the Canada Gazette, Part II.

PROPOSED REGULATORY TEXT

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 11(1)footnotea of the Motor Vehicle Safety Actfootnoteb, proposes to make the annexed Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (National Safety Marks and Importation).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Marie Williams-Davignon, Senior Regulatory Development Engineer, Motor Vehicle Safety, Department of Transport, 11th Floor, 330 Sparks Street, Ottawa, Ontario, K1A 0N5 (email: regsclerkcommis@tc.gc.ca).

Ottawa, May 10, 2018

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (National Safety Marks and Importation)

Amendments

Motor Vehicle Safety Regulations

1 (1) The definitions power-assisted bicycle and prescribed class in subsection 2(1) of the Motor Vehicle Safety Regulationsfootnote1 are repealed.

(2) The definitions bus, incomplete trailer, motorcycle, multi-purpose passenger vehicle, passenger car, restricted-use motorcycle, snowmobile, trailer, trailer converter dolly, truck and vehicle imported temporarily for special purposes in subsection 2(1) of the Regulations are replaced by the following:

bus means a vehicle having a designated seating capacity of more than 10, but does not include a trailer; (autobus)

incomplete trailer means a vehicle that is capable of being drawn and that consists, at a minimum, of a chassis structure and suspension system but needs further manufacturing operations performed on it to become a completed vehicle; (remorque incomplète)

motorcycle means a vehicle, other than a restricted-use motorcycle, a passenger car, a truck, a multi-purpose passenger vehicle, a competition vehicle or a three-wheeled vehicle, that

multi-purpose passenger vehicle means a vehicle having a designated seating capacity of 10 or less that is constructed either on a truck chassis or with special features for occasional off-road operation, but does not include an air cushion vehicle, an all-terrain vehicle, a low-speed vehicle, a passenger car, a three-wheeled vehicle or a truck; (véhicule de tourisme à usages multiples)

passenger car means a vehicle having a designated seating capacity of 10 or less, but does not include an allterrain vehicle, a competition vehicle, a low-speed vehicle, a multi-purpose passenger vehicle, an antique reproduction vehicle, a motorcycle, a truck, a trailer, or a three-wheeled vehicle; (voiture de tourisme)

restricted-use motorcycle means a vehicle — excluding a competition vehicle, but including an all-terrain vehicle designed primarily for recreational use — that

snowmobile means a vehicle — excluding a competition vehicle, but including a snowmobile conversion vehicle — that has a mass of not more than 450 kg, is designed primarily for travel on snow, has one or more steering skis and is driven by means of an endless belt or belts in contact with the ground; (motoneige)

trailer means a vehicle designed to carry or accommodate persons or property and to be drawn behind another vehicle, and includes a bus trailer, a pole trailer and a cable reel trailer, but does not include a mobile home, a trailer converter dolly or any earth-moving equipment or an implement of farm husbandry; (remorque)

trailer converter dolly means a conversion chassis that is equipped with one or more axles, a lower half of a fifth-wheel coupling and one or two drawbars; (chariot de conversion)

truck means a vehicle designed primarily for the transportation of property or special-purpose equipment, but does not include a competition vehicle, a crawler-mounted vehicle, a three-wheeled vehicle, a trailer, a work vehicle, a vehicle designed for operation exclusively off-road or a low-speed vehicle; (camion)

vehicle imported temporarily for special purposes means a vehicle imported for a purpose prescribed in section 11.1; (véhicule importé temporairement à des fins spéciales)

(3) Paragraph (a) of the definition incomplete vehicle in subsection 2(1) of the Regulations is replaced by the following:

(4) The portion of the definition low-speed vehicle in subsection of 2(1) of the Regulations before paragraph (b) is replaced by the following:

low-speed vehicle means a vehicle, other than a restricted-use motorcycle, that

(5) The portion of the definition three-wheeled vehicle in subsection of 2(1) of the Regulations before paragraph (a) is replaced by the following:

three-wheeled vehicle means a vehicle, other than a competition vehicle, an antique reproduction vehicle, a motorcycle, a restricted-use motorcycle or a trailer, that

(6) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

American compliance label means a label within the meaning of chapter 301, title 49 of the Code of Federal Regulations of the United States that is applied to a vehicle by a manufacturer that certifies that the vehicle conforms to the federal laws of the United States that are applicable on the date of manufacture; (étiquette de conformité américaine)

date of manufacture means the day, month and year on which the main assembly of the vehicle was completed; (date de fabrication)

2 Section 3 of the Regulations is replaced by the following:

3 (1) For the purposes of these Regulations, the symbol set out in Schedule I is prescribed as the national safety mark.

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

3 Section 4 of the Regulations is replaced by the following:

4 (1) For the purposes of sections 4 and 5 of the Act, the classes of vehicles set out in Schedule III and an incomplete vehicle are prescribed classes of vehicles.

(2) A prescribed class of vehicles does not include

4 Subsection 5(2) of the Regulations is replaced by the following:

(2) Every vehicle, other than an incomplete vehicle, must conform to each standard that is referred to by number in column I of Schedule III and opposite which the letter “X” is set out in the subcolumn designating the class or subclass of the vehicle.

5 Paragraph 5.1(2)(b) of the Regulations is replaced by the following:

6 (1) The portion of subsection 6(1) of the Regulations before paragraph (a) is replaced by the following:

6 (1) Subject to subsections (1.1) and 6.6(1), a company that manufactures a vehicle of a prescribed class that is a completed vehicle and that meets the requirements of these Regulations must ensure that the vehicle bears a compliance label displaying at least

(2) Paragraph 6(1)(b) of the Regulations is replaced by the following:

(3) Paragraph 6(2)(b) of the Regulations is replaced by the following:

“THIS VEHICLE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED UNDER THE CANADIAN MOTOR VEHICLE SAFETY REGULATIONS IN EFFECT ON THE DATE OF MANUFACTURE / CE VÉHICULE EST CONFORME À TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LA SÉCURITÉ DES VÉHICULES AUTOMOBILES DU CANADA EN VIGUEUR À LA DATE DE SA FABRICATION.

7 The heading before section 11 and sections 11 and 12 of the Regulations are replaced by the following:

Importation

Vehicles Imported under Sections 5 and 6 of the Act

11 (1) For the purpose of paragraph 5(1)(b) of the Act, a person who imports a vehicle of a prescribed class must, before importation, produce evidence of its conformity with the standards set out in these Regulations by providing to the Minister the following information:

(2) Despite subsection (1), a person who imports at least 2,500 vehicles annually may provide to the Minister the information referred to in subsection (1) within 30 days of a written request made by the Minister.

(3) Subsection 5(3) of the Act does not apply to a vehicle sold at the retail level in the United States or that is a prescribed vehicle from Mexico that does not meet the condition set out in paragraph 7(2)(a) of the Act.

(4) A company that imports a vehicle under subsection 5(3) of the Act must provide to the Minister, before importation, the information referred to in paragraphs (1)(a) to (d) and the following information:

Vehicles Imported Temporarily for Special Purposes

11.1 For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a vehicle may be imported temporarily are the following:

11.2 For the purposes of paragraph 7(1)(a) of the Act, a vehicle imported temporarily for special purposes must have a vehicle identification number that conforms to the requirements of section 115 of Schedule IV or, if there is no vehicle identification number, a serial number.

11.3 (1) The declaration referred to in paragraph 7(1)(a) of the Act must be filed with the Minister, be signed by the person importing the vehicle and contain the following information:

(2) Despite subsection (1), a person who imports at least 2,500 vehicles annually is not required to include the information referred to in paragraphs (1)(a), (c), (e) to (g) and (k) in the declaration but must provide that information to the Minister within 30 days of a written request made by the Minister.

11.4 For the purposes of subsection 7(1.02) of the Act, the person who imports a vehicle imported temporarily for special purposes may donate the vehicle to a public museum or an educational institution that is designated by the Canada Revenue Agency, under the terms of an agreement that describes how the recipient will ensure that the vehicle will not be driven or drawn on public roads.

11.5 A person who imports less than 2,500 vehicles annually must provide, as applicable, evidence of the exportation, destruction or donation of any vehicle imported temporarily for special purposes to the Minister before the expiry of 30 days after the day on which the period referred to paragraph 7(1)(a) of the Act ends.

Vehicles Imported under Subsections 7(2) and (2.1) of the Act

General

12 (1) The person designated for the purposes of subsections 7(2) and (2.1) of the Act is the entity with whom the Department of Transport has entered into a contract to operate the national program for the registration, inspection and certification of imported vehicles, known as the registrar of imported vehicles.

(2) For the purposes of subsections 7(2) and (2.1) of the Act, a passenger car, multi-purpose passenger vehicle, truck or bus that is a used vehicle within the meaning of the North American Free Trade Agreement is a prescribed vehicle from Mexico.

Vehicles Sold at the Retail Level in the United States and Prescribed Vehicles from Mexico

12.1 (1) For the purposes of paragraph 7(2)(a) of the Act, the prescribed requirements that a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico must meet are the following:

(2) For the purposes of paragraph 7(2)(b) of the Act, the prescribed requirements which a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico must meet in order to be certified by the registrar of imported vehicles are the following:

12.2 (1) The declaration made by a person who imports a vehicle that has been sold at the retail level in the United States or a prescribed vehicle from Mexico must be signed by that person and must contain the following information:

(2) In the case of a vehicle that has been sold at the retail level in the United States, the declaration must also contain the following information:

(3) In the case of a prescribed vehicle from Mexico, the declaration must also contain the following information:

12.3 For the purposes of paragraph 7(2)(b) of the Act, the prescribed period during which a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico must be brought into compliance with the requirements of subsection 12.1(2) and certified by the registrar of imported vehicles is the following:

12.4 (1) After having recorded the vehicle in its registration system and having inspected the vehicle, the registrar of imported vehicles must certify the vehicle by issuing, in both official languages, a Canadian certification label, if it determines that the vehicle conforms to the requirements of subsection 12.1(2).

(2) The Canadian certification label must

Vehicles Sold at the Retail Level in the United States and Prescribed Vehicles from Mexico — Importation for Components

12.5 (1) The declaration made by a person who imports a vehicle for components that has been sold at the retail level in the United States or a prescribed vehicle from Mexico must be signed by that person and must contain the following information:

(2) In the case of a vehicle that has been sold at the retail level in the United States, the declaration must also contain the following information:

(3) In the case of a prescribed vehicle from Mexico, the declaration must also include the following information:

8 Schedules I and II to the Regulations are replaced by the Schedules I and II set out in Schedule 1 to these Regulations.

9 (1) Schedule III to the Regulations is amended by replacing the references after the heading “SCHEDULE III” with the following:

(Subsections 4(1) and 5(2))

(2) The subcolumn entitled “Vehicle Imported Temporarily for Special Purposes” in column III of Schedule III to the Regulations is repealed.

10 Schedule IV to the Regulations is amended by replacing the references after the heading “SCHEDULE IV” with the following:

(Subsections 2(1), 2.4(5) and 5(1) and (3), section 11.2 and paragraphs 12.1(1)(c) and 12.1(2)(c) to (l))

11 Subsection 110(1) of Schedule IV to the Regulations is replaced by the following:

110 (1) Every motor vehicle with a GVWR of 4 536 kg or less — except motorcycles other than motor tricycles equipped with passenger car tires, restricted-use motorcycles, three-wheeled vehicles equipped with tires other than passenger car tires and low-speed vehicles — and every tire rim manufactured for use on those vehicles must conform to the requirements of Technical Standards Document No. 110, Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 kg or Less (TSD 110), as amended from time to time.

12 Subsection 115(9) of Schedule IV to the Regulations is replaced by the following:

(9) The Minister may require manufacturers of vehicles in respect of which this section applies to submit to the Minister those characters that uniquely identify a vehicle including, where applicable, the twelfth to fourteenth characters, inclusive, that constitute part of the identifier, for each make and prescribed class of vehicle manufactured and, in all cases, the information necessary to decipher the characters in vehicle identification numbers.

13 Subsection 120(1) of Schedule IV to the Regulations is replaced by the following:

120 (1) Every motor vehicle with a GVWR of more than 4 536 kg, every three-wheeled vehicle equipped with tires other than passenger car tires, every motorcycle except motor tricycles equipped with passenger car tires, and every tire rim manufactured for use on those vehicles must conform to the requirements of Technical Standards Document No. 120, Tire Selection and Rims for Motor Vehicles With a GVWR of More Than 4,536 kg (TSD 120), as amended from time to time.

14 Schedules VII and VIII to the Regulations are repealed.

15 The Regulations are amended by replacing “class” and “class prescribed by the Regulations” with “prescribed class”, with any necessary modifications, in the following provisions:

Motor Vehicle Restraint Systems and Booster Seats Safety Regulations

16 Subsection 101(1) of the Motor Vehicle Restraint Systems and Booster Seats Safety Regulationsfootnote2 is replaced by the following:

National Safety Mark
101 (1) For the purposes these Regulations, the symbol set out in Schedule 2 is prescribed as the national safety mark.

Authorization by Minister
(1.1) For the purposes of subsection 3(2) of the Act, on application by a company, the Minister may, in the form set out in Schedule 1, authorize the company to apply the national safety mark to a restraint system or booster seat and to any accompanying documentation or any packaging.

17 Section 102 of the Regulations is replaced by the following:

Prescribed classes of equipment
102 For the purposes of sections 4 and 5 of the Act, child restraint systems, infant restraint systems, booster seats, restraint systems for disabled persons and restraint systems for infants with special needs are prescribed classes of equipment.

18 Section 109 of the Regulations is replaced by the following:

Prescribed purposes
109 (1) For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a restraint system or booster seat may be imported temporarily are the following:

Declaration
(2) The declaration referred to in paragraph 7(1)(a) of the Act must be filed with the Minister, be signed by the person importing the restraint system or booster seat and contain the following information:

19 Schedule 1 to the Regulations is replaced by the Schedule 1 set out in Schedule 2 to these Regulations.

20 Schedule 2 to the Regulations is amended by replacing the reference after the heading “SCHEDULE 2” with the following:

(Subsections 101(1) and (3))

21 Schedule 4 to the Regulations is repealed.

Motor Vehicle Tire Safety Regulations

22 The heading Catégories d’équipement déterminées par règlement et normes réglementaires before section 3 of the French version of the Motor Vehicle Tire Safety Regulationsfootnote3 is replaced by the following:

Catégories d’équipement réglementaires et normes réglementaires

23 The portion of subsection 3(1) of the Regulations before paragraph (a) is replaced by the following:

TSD 109
3 (1) The following tires are prescribed as a class of equipment for the purposes of sections 4 and 5 of the Act, and must conform to the requirements of TSD 109 and section 6:

24 The portion of subsection 4(1) of the Regulations before paragraph (a) is replaced by the following:

TSD 119
4 (1) The following tires, other than tires of the class prescribed by subsection 3(1), are prescribed as a class of equipment for the purposes of sections 4 and 5 of the Act, and must conform to the requirements of TSD 119 and section 6:

25 Subsection 5(1) of the Regulations is replaced by the following:

TSD 139
5 (1) Tires, other than tires of a class prescribed by subsection 3(1) or 4(1), that are radial ply tires designed for use on a motor vehicle with a GVWR of 4 536 kg or less manufactured on or after January 1, 1975 are prescribed as a class of equipment for the purposes of sections 4 and 5 of the Act, and must conform to the requirements of TSD 139 and section 6.

26 (1) The portion of subsection 6(3) of the Regulations before paragraph (b) is replaced by the following:

(3) Except in the case referred to in subsection (8), the tire identification number and partial tire identification number must be permanently moulded into or onto the tire

(2) Paragraph 6(6)(a) of the Regulations is replaced by the following:

(3) Section 6 of the Regulations is amended by adding the following after subsection (7):

Optional symbols — Code of Federal Regulations
(8) At the manufacturer’s option, the symbols referred to in paragraphs (4)(a) and (b) and, if applicable, subsection (5), may be replaced by those set out in either option 1 or option 2 of Figure 1 of Part 574.5, chapter V, Title 49 of the Code of Federal Regulations of the United States (revised as of October 1, 2015), in the manner and at the location specified in notes 1 to 4 of that figure and in sections (a)(1), (b)(1) to (3), (d)(1), (e)(1) to (3) and (f) of that Part.

For greater certainty
(9) For greater certainty, the requirements of Part 574.5, chapter V, Title 49 of the Code of Federal Regulations of the United States referred to in subsection (8) respecting retreaded tires do not apply.

27 Section 7 of the Regulations is replaced by the following:

National Safety Mark
7 (1) For the purposes of these Regulations, the symbol set out in Figure 1 of Schedule 1 is prescribed as the national safety mark.

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

Application of the national safety mark
(3) For the purposes of subsection 3(2) of the Act, when a company applies the national safety mark to a tire, the company must

28 The Regulations are amended by adding the following after section 9:

Records — mandatory symbols
9.1 (1) A company must maintain a record of the symbols required by paragraph 6(4)(b) and the corresponding size designation of the tire.

Records — optional symbols
(2) If a company uses the symbols referred to in subsection 6(5), the company must maintain a record of the symbols used, accompanied by the owner of the brand name in full, if applicable, and a description of the main characteristics of the tire.

Records — Code of Federal Regulations symbols
(3) If a company uses the symbols referred to in subsection 6(8), the company must maintain a record of the following, with a corresponding legend:

Provision of records to Minister
(4) A company must, on request, make a record referred to in this section available to the Minister.

29 Section 12 of the Regulations is replaced by the following:

Prescribed purposes
12 (1) For the purposes of paragraph 7(1)(a) of the Act, the prescribed purposes for which a tire may be imported temporarily are the following:

Declaration
(2) The declaration referred to in paragraph 7(1)(a) of the Act must be filed with the Minister, be signed by the person importing the tire and contain the following information:

30 Schedules 1 and 2 to the Regulations are replaced by the Schedules 1 and 2 set out in Schedule 3 to these Regulations.

31 Schedule 3 to the Regulations is amended by replacing the reference after the heading “SCHEDULE 3” with the following:

(Subsection 8(1))

32 Schedule 4 to the Regulations is repealed.

Coming Into Force

33 These Regulations come into force on the day on which section 213, subsections 217(1), (3), (4) and (6) and section 230 of the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014, come into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1

(Section 8)

SCHEDULE I

(Subsection 3(1) and paragraphs 6(1)(c), 6.2(1)(g) and 6.4(1)(e))

Detailed information can be found in the surrounding text.

SCHEDULE II

(Subsection 3(2))

Department of Transport

Motor Vehicle Safety Act (section 3)

Motor Vehicle Safety Regulations (subsection 3(2))

Ministerial Authorization

Pursuant to the Motor Vehicle Safety Act and the Motor Vehicle Safety Regulations,

[company name and address]

is authorized to apply the national safety mark to any vehicle of a prescribed class referred to in section 4 of the Motor Vehicle Safety Regulations, on the condition that the vehicle conforms to all of the applicable Canada Motor Vehicle Safety Standards.

The national safety mark must be applied at the following premises:

[address of the premises]

This ministerial authorization (number ____) expires on 20____

Issued in Ottawa on ______________________, 20____

_________________________________________________
for the Minister of Transport

SCHEDULE 2

(Section 19)

SCHEDULE 1

(Subsection 101(1.1))

Department of Transport

Motor Vehicle Safety Act (section 3)

Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (subsection 101(1.1))

Ministerial Authorization

Pursuant to the Motor Vehicle Safety Act and the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations,

[company name and address]

is authorized to apply the national safety mark to any restraint system or booster seat of a prescribed class referred to in section 102 of the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations, on the condition that the restraint system or booster seat conforms to all of the applicable Canada Motor Vehicle Safety Standards.

The national safety mark must be applied at the following premises:

[address of the premises]

This ministerial authorization (number ____) expires on 20____

Issued in Ottawa on ______________________, 20____

_________________________________________________
for the Minister of Transport

SCHEDULE 3

(Section 30)

SCHEDULE 1

(Paragraphs 6(3)(a) and (6)(a), subsection 7(1), paragraph 7(3)(a) and subparagraph 7(3)(b)(i))

National Safety Mark and Identification Numbers

Detailed information can be found in the surrounding text.

Figure 1 — National Safety Mark

Detailed information can be found in the surrounding text.

Figure 2 — Tire Identification Number

Notes:

1 For tires less than 155 mm in cross-section or less than 330 mm in bead diameter, the minimum height of the characters in the Tire Identification Number may be 4 mm.

2 The Tire Identification Number must be in Futura Bold, Modified, Condensed characters or in Gothic characters.

3 This drawing is not to scale.

Detailed information can be found in the surrounding text.

Figure 3 — Location of Tire Identification Number and National Safety Mark

SCHEDULE 2

(Section 7(2))

Department of Transport

Motor Vehicle Safety Act (section 3)

Motor Vehicle Tire Safety Regulations (subsection 7(2))

Ministerial Authorization

Pursuant to the Motor Vehicle Safety Act and the Motor Vehicle Tire Safety Regulations,

[company name and address]

is authorized to apply the national safety mark to any tire of a prescribed class referred to in subsections 3(1), 4(1) or 5(1) of the Motor Vehicle Tire Safety Regulations, on the condition that the tire conforms to all of the applicable Canada Motor Vehicle Safety Standards.

The national safety mark must be applied at the following premises:

[address of the premises]

This ministerial authorization (number ____) expires on 20____

Issued in Ottawa on ______________________, 20____

_________________________________________________
for the Minister of Transport