ARCHIVED — Vol. 147, No. 8 — April 10, 2013

Registration

SOR/2013-55 March 21, 2013

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (Standard 126)

P.C. 2013-314 March 21, 2013

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), a copy of the proposed Regulations Amending the Motor Vehicle Safety Regulations (Standard 126), substantially in the annexed form, was published in the Canada Gazette, Part I, on October 6, 2012, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 11(1) of the Motor Vehicle Safety Act (see footnote b), makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standard 126).

REGULATIONS AMENDING THE MOTOR VEHICLE
SAFETY REGULATIONS (STANDARD 126)

AMENDMENT

1.Schedule IV to the Motor Vehicle Safety Regulations (see footnote 1) is amended by adding the following after section 124:

ELECTRONIC STABILITY CONTROL SYSTEMS (STANDARD 126)

126. (1) Every passenger car, multi-purpose passenger vehicle, truck and bus with a GVWR of 4 536 kg or less shall conform to the requirements of Technical Standards Document No. 126, Electronic Stability Control Systems (TSD 126), as amended from time to time.

(2) This section expires on January 31, 2017.

COMING INTO FORCE

2. These Regulations come into force 60 days after the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The safety standard mandating the installation of electronic stability control (ESC) systems on light-duty vehicles, hereafter referred to as the Canadian safety standard, was inadvertently repealed from the Motor Vehicle Safety Regulations, pursuant to an amendment published on November 9, 2011. That amendment was intended solely to re-enact a separate series of safety standards within the Regulations.

It is important that the safety standard governing ESC systems be reintroduced into the Motor Vehicle Safety Regulations to ensure that Canadians continue to be provided with the full benefit of this effective safety feature.

Description

Following the amendment which first introduced the Canadian safety standard into theMotor Vehicle Safety Regulations, beginning on September 1, 2011, light-duty vehicles intended for sale in Canada were required to be equipped with an ESC system as standard equipment on an indefinite basis. Only since the inadvertent repeal of the Canadian safety standard are ESC systems no longer a legal requirement in Canada.

This amendment reintroduces into Schedule IV of the Motor Vehicle Safety Regulations the same safety standard that first established mandatory installation of ESC systems on light-duty vehicles, as published in the Canada Gazette, Part II, on December 23, 2009. (see footnote 2)

As before, the Canadian safety standard applies to light-duty vehicles, which include passenger cars, multi-purpose passenger vehicles, trucks and buses with a gross vehicle weight rating of 4 536 kilograms or less. This amendment once again harmonizes the Canadian safety standard with the requirements of the U.S. safety standard pertaining to ESC systems, removing a potential impediment to trade between the two countries, and also aligns the Canadian safety standard with the requirements of the United Nations’ Global Technical Regulation on ESC systems. Reintroducing this Canadian safety standard as it existed previously should therefore not affect the vehicle designs or manufacturing processes that currently include ESC systems as standard equipment.

“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

The Department of Transport informed the two automotive manufacturing associations of Canada, the Association of International Automobile Manufacturers of Canada (see footnote 3) and the Canadian Vehicle Manufacturers’ Association (see footnote 4) of the inadvertent repeal. Given the added safety benefit that ESC systems provide, both associations indicated that their member companies would continue to supply vehicles with ESC systems as standard equipment, meeting the requirements of the Canadian safety standard as it was first introduced into the Regulations.

This amendment to the Regulations was prepublished in the Canada Gazette, Part I, on October 6, 2012, and interested persons were given 30 days to comment. Responses were received from each of the two Canadian automotive manufacturing associations. Both associations noted their support for the amendment.

Implementation, enforcement and service standards

The amendment that first introduced the Canadian safety standard into the Motor Vehicle Safety Regulations required mandatory compliance on and after September 1, 2011, with the exception of vehicles that were altered or those that were manufactured in two or more stages (which required compliance on and after September 1, 2012). As a result, manufacturers incorporated ESC systems into the basic design and production of automobiles on an indefinite basis, and are currently meeting or exceeding the requirements of the Canadian safety standard as originally introduced. While the present amendment does not modify the requirements that had been originally introduced, mandatory compliance is not required until 60 days after the date of publication of the amendment in the Canada Gazette, Part II.

Motor vehicle manufacturers and importers are responsible for ensuring compliance with therequirements of the Motor Vehicle Safety Act and its regulations. The Department of Transport 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 they identify a defect in a vehicle or equipment, manufacturers and importers 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

Denis Brault
Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 17th Floor
Ottawa, Ontario
K1A 0N5
Email: denis.brault@tc.gc.ca

  • Footnote a
    S.C. 1993, c. 16
  • Footnote b
    S.C. 1993, c. 16
  • Footnote 1
    C.R.C., c. 1038
  • Footnote 2
    Canada Gazette, Part II, publication, SOR/2009-323.
  • Footnote 3
    The Association of International Automobile Manufacturers of Canada represents the following automotive manufacturers and importers as voting members: BMW Canada Inc.; Honda Canada Inc.; Hyundai Auto Canada Corp.; Jaguar Land Rover Canada ULC; Kia Canada Inc.; Mazda Canada Inc.; Mercedes-Benz Canada Inc.; Mitsubishi Motor Sales of Canada, Inc.; Nissan Canada Inc.; Porsche Cars Canada Ltd.; Subaru Canada Inc.; Suzuki Canada Inc.; Toyota Canada Inc.; Volkswagen Group Canada Inc.; and Volvo Cars of Canada Corp.
  • Footnote 4
    The Canadian Vehicle Manufacturers’ Association represents Chrysler Canada Inc.; Ford Motor Company of Canada, Limited; General Motors of Canada Limited; and Navistar Canada, Inc.