Vol. 145, No. 23 — November 9, 2011

Registration

SOR/2011-238 October 27, 2011

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (Standards 105, 106, 116, 118, 123, 124, 131, 135, 209, 301, 302, 305, 401 and 500)

P.C. 2011-1269 October 27, 2011

Whereas the proposed Regulations Amending the Motor Vehicle Safety Regulations (Standards 105, 106, 116, 118, 123, 124, 131, 135, 209, 301, 302, 305, 401 and 500) make no substantive change to existing regulations and are therefore, by virtue of subsection 11(4) of the Motor Vehicle Safety Act (see footnote a), not required to be published under subsection 11(3) of that Act;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 5(1)(a) and 11(1)(a) of the Motor Vehicle Safety Act (see footnote b), hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standards 105, 106, 116, 118, 123, 124, 131, 135, 209, 301, 302, 305, 401 and 500).

REGULATIONS AMENDING THE MOTOR VEHICLE
SAFETY REGULATIONS (STANDARDS 105,
106, 116, 118, 123, 124, 131, 135, 209,
301, 302, 305, 401 AND 500)

AMENDMENTS

1. The heading before section 105 and sections 105 and 106 of Part Ⅱ of Schedule Ⅳ to the Motor Vehicle Safety Regulations (see footnote 1) are replaced by the following:

HYDRAULIC AND ELECTRIC BRAKE
SYSTEMS (STANDARD 105)

105. (1) Subject to section 135 of this Schedule, every multi-purpose passenger vehicle, truck and bus shall conform to the requirements of Technical Standards Document No. 105, Hydraulic and Electric Brake Systems (TSD 105), as amended from time to time.

(2) Despite S5.3 and S5.3.5(b) of TSD 105, if a common indicator is used, the indicator shall display the symbol referred to in subsection 101(9) of this Schedule for brake system malfunction.

(3) Despite S5.3 of TSD 105, the words required to be displayed under S5.3.5 of TSD 105

  • (a) in the cases referred to in S5.3.5(c)(1)(A), (B) and (D) of TSD 105, may be replaced or accompanied by a symbol that conforms to the colour requirements of subsection 101(9.1) of this Schedule; and
  • (b) shall be displayed in both official languages, if not accompanied by a symbol.

(4) Despite S5.3 and S5.3.5(c)(1)(C) of TSD 105, if a separate indicator is used to indicate a malfunction in an antilock brake system, the indicator shall display the corresponding symbol shown in Table II to section 101 of this Schedule.

(5) The statement set out in S5.4.3 of TSD 105 may be replaced by another statement to the same effect.

(6) This section expires on January 31, 2016.

BRAKE HOSES (STANDARD 106)

106. (1) Every brake hose, brake hose assembly and brake hose end fitting with which a passenger car, multi-purpose passenger vehicle, truck, bus, three-wheeled vehicle, motorcycle, trailer, and trailer converter dolly are equipped shall conform to the requirements of Technical Standards Document No. 106, Brake Hoses (TSD 106), as amended from time to time.

(2) A reference in TSD 106 to a standard published by ASTM that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

TABLE

Item

Column 1

Column 2

1.

ASTM B 117 – 03, Standard Practice for Operating Salt Spray (Fog) Apparatus

ASTM B 117 – 07a, Standard Practice for Operating Salt Spray (Fog) Apparatus

2.

ASTM D 471 – 98ε1, Standard Test Method for Rubber Property — Effect of Liquids

ASTM D 471 – 06ε1, Standard Test Method for Rubber Property — Effect of Liquids

3.

ASTM D 4329 – 99, Standard Practice for Fluorescent UV Exposure of Plastics

ASTM D 4329 – 05, Standard Practice for Fluorescent UV Exposure of Plastics

4.

ASTM E 4 – 03, Standard Practices for Force Verification of Testing Machines

ASTM E 4 – 08, Standard Practices for Force Verification of Testing Machines

5.

ASTM G 151 – 97, Standard Practice for Exposing Nonmetallic Materials in Accelerated Test Devices that Use Laboratory Light Sources

ASTM G 151 – 06, Standard Practice for Exposing Nonmetallic Materials in Accelerated Test Devices that Use Laboratory Light Sources

6.

ASTM G 154 – 00, Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of Nonmetallic Materials

ASTM G 154 – 06, Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of Nonmetallic Materials

(3) This section expires on January 31, 2016.

2. The heading before section 116 and sections 116 to 118 of Part Ⅱ of Schedule Ⅳ to the Regulations are replaced by the following:

MOTOR VEHICLE BRAKE FLUIDS
(STANDARD 116)

116. (1) The hydraulic brake system of a every passenger car, multi-purpose passenger vehicle, truck, bus, three-wheeled vehicle, motorcycle, trailer, and trailer converter dolly shall contain brake fluid that conforms to the requirements of Technical Standards Document No. 116, Motor Vehicle Brake Fluids (TSD 116), as amended from time to time.

(2) A reference in TSD 116 to a standard published by ASTM that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

TABLE

Item

Column 1

Column 2

1.

ASTM D 445 – 65, Viscosity of Transparent and Opaque Liquids (Kinematic and Dynamic Viscosities)

ASTM D 445 – 06, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity)

2.

ASTM D 1121 – 67, Standard Method of Test for Reserve Alkalinity of Engine Antifreezes and Antirusts

ASTM D 1287 – 91 (reapproved in 2002), Standard Test Method for pH of Engine Coolants and Antirusts

3.

ASTM D 1123 – 59, Standard Method of Test for Water in Concentrated Engine Antifreezes by the Iodine Reagent Method

ASTM D 1123 – 99 (reapproved in 2003), Standard Test Methods for Water in Engine Coolant Concentrate by the Karl Fischer Reagent Method

4.

ASTM D 1193 – 70, Standard Specifications for Reagent Water

ASTM D 1193 – 06, Standard Specification for Reagent Water

5.

ASTM D 1415 – 68, Standard Method of Test for International Hardness of Vulcanized Natural and Synthetic Rubbers

ASTM D 1415 – 06, Standard Test Method for Rubber Property — International Hardness

6.

ASTM D 2515 – 66, Standard Specification for Kinematic Glass Viscometers

ASTM D 446 – 07, Standard Specifications and Operating Instructions for Glass Capillary Kinematic Viscometers

7.

ASTM E 1 – 68, Specifications for ASTM Thermometers

ASTM E 1 – 05, Standard Specification for ASTM Liquid-in-Glass Thermometers

8.

ASTM E 77 – 66, Verification and Calibration of Liquid-in-Glass Thermometers

ASTM E 77 – 98, (reapproved in 2003), Standard Test Method for Inspection and Verification of Thermometers

9.

ASTM E 298 – 68, Standard Methods for Assay of Organic Peroxides

ASTM E 298 – 01, Standard Test Methods for Assay of Organic Peroxides

(3) This section expires on January 31, 2016.

POWER-OPERATED WINDOW, PARTITION AND ROOF
PANEL SYSTEMS (STANDARD 118)

118. (1) Every power-operated window system, power-operated partition system and power-operated roof panel system fitted on a passenger car, a three-wheeled vehicle, an enclosed motorcycle or on a multi-purpose passenger vehicle or a truck with a GVWR of 4 536 kg or less shall conform to the requirements of Technical Standards Document No. 118, Power-Operated Window, Partition, and Roof Panel Systems (TSD 118), as amended from time to time.

(2) However, vehicles manufactured before October 1, 2010, need not comply with the requirements of S6 of TSD 118.

(3) This section expires on January 31, 2016.

3. The heading before section 123 and sections 123 to 135 of Part Ⅱ of Schedule Ⅳ to the Regulations are replaced by the following:

MOTORCYCLE CONTROLS AND
DISPLAYS (STANDARD 123)

123. (1) Every motorcycle, except those designed and sold exclusively for use by law enforcement agencies, shall conform to the requirements of Technical Standards Document No. 123, Motorcycle Controls and Displays (TSD 123), as amended from time to time.

(2) Every motorcycle shall be equipped with the following controls:

  • (a) a horn;
  • (b) a fuel tank shutoff valve;
  • (c) a twist-grip throttle;
  • (d) a front wheel brake;
  • (e) a rear wheel brake; and
  • (f) an ignition switch.

(3) The ignition switch is optional in the case of a limited-speed motorcycle.

(4) Item 12 of Table 3 to TSD 123 applies to manual fuel tank shutoff valves only.

(5) Any control or display that is not listed in Table 3 to TSD 123 and for which no other identification requirements are specified in these Regulations shall, if identified, be identified by the corresponding symbol set out in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time.

(6) Any control or display for which a symbol is not specified in Table 3 to TSD 123 or in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time, may be identified by a symbol designed by the manufacturer in compliance with the principles specified in that Standard.

(7) Wherever the term “motorcycle” is used in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time, it shall have the same meaning as “motorcycle” in subsection 2(1) of these Regulations.

(8) The words and abbreviations that must be displayed under this section shall be displayed in both official languages. However, if there is insufficient space to display the words or abbreviations identifying the ignition, tachometer or fuel tank shutoff valve in both official languages in a readily visible manner, they may be displayed in one official language only.

(9) The symbols and abbreviations used to identify the controls and displays of a motorcycle shall be provided in writing in the English and French versions of the owner’s manual, accompanied by a full explanation.

(10) Despite the requirements of item 8 of Table 3 to TSD 123, a speedometer fitted on a motorcycle shall be calibrated in kilometres per hour or in kilometres per hour and miles per hour. Digital speedometers that switch between kilometres per hour and miles per hour are permitted if the unit of measure is identified.

(11) In the case of analogue speedometer displays, the kilometre-per-hour scale on the speedometer shall increase in a clockwise direction. Major graduations and numerals shall appear at 10- or 20-kilometre-per-hour intervals and minor graduations at 5- or 10-kilometre-per-hour intervals.

(12) An odometer or trip odometer installed on a motorcycle adjacent to the speedometer shall display distances in the same unit of measure as that of the predominant speedometer scale. If the odometer or trip odometer is not adjacent to the speedometer or switches between kilometres and miles independently of the speedometer, the odometer wor trip odometer shall display distances in kilometres or miles and shall identify the unit of measure used.

(13) S5.2.4 of TSD 123 does not apply to motor tricycles.

(14) Despite S5.2.5 of TSD 123, it is not necessary for a footrest for a passenger on a motorcycle to fold rearward and upward when not in use.

(15) A turn signal lamp display fitted on a motorcycle shall be green or yellow.

(16) This section expires on January 31, 2016.

ACCELERATOR CONTROL SYSTEMS (STANDARD 124)

124. (1) Every passenger car, multi-purpose passenger vehicle, truck, bus and three-wheeled vehicle shall conform to the requirements of Technical Standards Document No. 124, Accelerator Control Systems, as amended from time to time.

(2) This section expires on January 31, 2016.

SCHOOL BUS PEDESTRIAN SAFETY DEVICES (STANDARD 131)

131. (1) Subject to subsection (2), every school bus shall be equipped with one or two stop signal arms that conform to the requirements of Technical Standards Document No. 131, School Bus Pedestrian Safety Devices (TSD 131), as amended from time to time.

(2) The word “ARRÊT” may appear instead of, or together with, the word “STOP” in the manner specified with respect to the word “STOP” in S5.2.2 of TSD 131.

(3) This section expires on January 31, 2016.

LIGHT VEHICLE BRAKE SYSTEMS (STANDARD 135)

135. (1) Every passenger car, every three-wheeled vehicle and every multi-purpose passenger vehicle, truck and bus with a GVWR of 3 500 kg or less shall conform to the requirements of Technical Standards Document No. 135, Light Vehicle Brake Systems (TSD 135), as amended from time to time.

(2) The statement set out in S5.4.3 of TSD 135 may be replaced by another statement to the same effect.

(3) Despite S5.5 and S5.5.5(b) of TSD 135, if a common indicator is used, the indicator shall display the symbol for brake system malfunction referred to in subsection 101(9) of this Schedule.

(4) Despite S5.5 of TSD 135, the words required to be displayed under S5.5.5 of TSD 135

  • (a) in the cases referred to in S5.5.5(d)(1), (2), (4) and (5) of TSD 135 and in the case of the variable brake proportioning system indicator referred to in S5.5.5(d)(3) of TSD 135, may be replaced or accompanied by a symbol that conforms to the colour requirements of subsection 101(9.1) of this Schedule; and
  • (b) shall be displayed in both official languages, if not accompanied by a symbol.

(5) Despite S5.5 and S5.5.5(d)(3) of TSD 135, if a separate indicator is used to indicate an electrical functional failure in an antilock brake system, the indicator shall display the corresponding symbol shown in Table II to section 101 of this Schedule.

(6) The word “car” used in S6.3.6 and S6.3.7 of the English version of TSD 135 shall be read as “vehicle”.

(7) This section expires on January 31, 2016.

4. The heading before section 209 and section 209 of Part Ⅲ of Schedule Ⅳ to the Regulations are replaced by the following:

SEAT BELT ASSEMBLIES (STANDARD 209)

209. (1) Every passenger car, multi-purpose passenger vehicle, truck, bus, low-speed vehicle, three-wheeled vehicle and enclosed motorcycle shall be equipped with seat belt assemblies that conform to the requirements of Technical Standards Document No. 209, Seat Belt Assemblies (TSD 209), as amended from time to time.

(2) The pelvic restraint of a Type 2 manual seat belt assembly that is equipped with a detachable upper torso restraint shall meet all requirements for a Type 1 seat belt assembly set out in these Regulations.

(3) The webbing of a seat belt assembly shall not transfer colour to a crock cloth, either wet or dry, to a greater degree than Rating 3 on the Chromatic Transference Scale specified in AATCC Evaluation Procedure 8, AATCC 9-Step Chromatic Transference Scale (2002 revision).

(4) Compliance of the webbing of a seat belt assembly with the requirements of subsection (3) shall be determined by testing the webbing from three seat belt assemblies in accordance with the procedure specified in AATCC Test Method 8-2005, Colorfastness to Crocking: AATCC Crockmeter Method.

(5) The webbing of a seat belt assembly shall not stain to a greater degree than Rating 2 on the Chromatic Transference Scale specified in the AATCC Evaluation Procedure 8, AATCC 9-Step Chromatic Transference Scale (2002 revision).

(6) Compliance of the webbing of a seat belt assembly with the requirements of subsection (5) shall be determined by testing the webbing from three seat belt assemblies in accordance with the procedure specified in AATCC Test Method 107-2002, Colorfastness to Water, except:

  • (a) the test solution shall be freshly boiled distilled water;
  • (b) the AATCC perspiration tester shall be used;
  • (c) on removal from the oven, the test specimen shall be hung to dry for four hours; and
  • (d) the AATCC Chromatic Transference Scale shall be used to evaluate the staining of the multifiber test fabric.

(7) A reference in TSD 209 to a standard published by ASTM or AATCC that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

TABLE

Item

Column 1

Column 2

1.

AATCC Test Method 30 – 1981, Fungicides Evaluation on Textiles: Mildew and Rot Resistance of Textiles

AATCC Test Method 30 – 2004, Antifungal Activity, Assessment on Textile Materials: Mildew and Rot Resistance of Textile Materials

2.

ASTM B 117 – 73, Standard Method of Salt Spray (Fog) Testing

ASTM B 117 – 03, Standard Practice for Operating Salt Spray (Fog) Apparatus

3.

ASTM B 456 – 79, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium

ASTM B 456 – 03, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium

4.

ASTM D 756 – 78, Standard Practice for Determination of Weight and Shape Changes of Plastics Under Accelerated Service Conditions

ASTM D 756 – 93, Standard Practice for Determination of Weight and Shape Changes of Plastics Under Accelerated Service Conditions

5.

ASTM E 4 – 79, Standard Methods of Load Verification of Testing Machines

ASTM E 4 – 07, Standard Practices for Force Verification of Testing Machines

6.

ASTM G 23 – 81, Standard Practice for Operating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials

ASTM G 152 – 06, Standard Practice for Operating Open Flame Carbon Arc Light Apparatus for Exposure of Nonmetallic Materials

(8) For the purposes of S4.1(e) of TSD 209, the first sentence of the section shall be read without reference to the words “readily accessible to the occupant to permit his easy and rapid removal from the assembly”.

(9) Sections S4.1(g) and (m), S4.5(b) and S4.6 of TSD 209 do not apply.

(10) The instructions referred to in S4.1(l) of TSD 209 shall be provided in the English and French versions of the owner’s manual.

(11) The requirements relating to non-locking retractors provided in S4.1(l), S4.3(h) and S5.2(h) and (k) of TSD 209 do not apply.

(12) A Type 1 or Type 2 seat belt assembly that includes a load-limiter and that does not meet the elongation requirements of S4.2(c), S4.4(a)(2) or S4.4(b)(4) or (5) of TSD 209 may be installed only at a front outboard seating position that is equipped with a frontal air bag.

(13) This section expires on January 31, 2016.

5. The heading before section 301 and section 301 of Part Ⅳ of Schedule Ⅳ to the Regulations are replaced by the following:

FUEL SYSTEM INTEGRITY (STANDARD 301)

301. (1) Every passenger car and every multi-purpose passenger vehicle, truck and bus with a GVWR of 4 536 kg or less that is equipped with a fuel system that uses a fuel with a boiling point of 0°C or higher as a source of energy for its propulsion and every manufacturer of these vehicles shall conform to the requirements of Technical Standards Document No. 301, Fuel System Integrity (TSD 301), as amended from time to time.

(2) A school bus with a GVWR of more than 4 536 kg that is equipped with a fuel system that uses a fuel with a boiling point of 0°C or higher as a source of energy for its propulsion shall conform to the requirements of TSD 301.

(3) This section expires on January 31, 2016.

6. The heading before section 302 and sections 302 to 500 of Part Ⅳ of Schedule Ⅳ to the Regulations are replaced by the following:

FLAMMABILITY OF INTERIOR MATERIALS (STANDARD 302)

302. (1) The interior materials of every passenger car, multi-purpose passenger vehicle, truck, bus and three-wheeled vehicle shall conform to the requirements of Technical Standards Document No. 302, Flammability of Interior Materials, as amended from time to time.

(2) This section expires on January 31, 2016.

ELECTROLYTE SPILLAGE AND ELECTRICAL SHOCK
PROTECTION (STANDARD 305)

305. (1) Every passenger car and three-wheeled vehicle, and every multi-purpose passenger vehicle, truck and bus with a GVWR of 4 536 kg or less, that uses a nominal voltage of more than 60 volts direct current (VDC) or more than 30 volts alternating current (VAC) for its propulsion and that has an attainable speed of more than 40 km/h over a distance of 1.6 km on a paved level surface shall conform to the requirements of Technical Standards Document No. 305, Electrolyte Spillage and Electrical Shock Protection (TSD 305), as amended from time to time.

(2) S6.2, S6.3, S7.4 and S7.5 of TSD 305 do not apply to a three-wheeled vehicle.

(3) Instead of complying with S7.2.3 of TSD 305, a three-wheeled vehicle, including test devices and instrumentation, shall be loaded to its unloaded vehicle weight, except that the vehicle fuel tank shall be filled to not less than 90 per cent and not more than 95 per cent of the vehicle fuel tank capacity.

(4) Instead of being tested in accordance with S6.2 of TSD 305, a vehicle referred to in subsection (1), other than a three-wheeled vehicle, may be tested in accordance with the requirements of S6.2(b) of TSD 301, except the fuel spillage requirements, under the applicable conditions set out in S7.3(b) of TSD 301.

(5) A vehicle tested in accordance with subsection (4) shall conform to the requirements of S5.1, S5.2 and S5.3 of TSD 305.

(6) This section expires on January 31, 2016.

INTERIOR TRUNK RELEASE (STANDARD 401)

401. (1) Every passenger car and three-wheeled vehicle shall conform to the requirements for passenger cars set out in Technical Standards Document No. 401, Interior Trunk Release (TSD 401), as amended from time to time.

(2) However, vehicles manufactured before September 1, 2010, need not be equipped with an interior trunk release.

(3) This section does not apply to vehicles equipped with a back door. For the purposes of this subsection, “back door” has the same meaning as in TSD 401.

(4) This section expires on January 31, 2016.

LOW-SPEED VEHICLES (STANDARD 500)

500. (1) Every low-speed vehicle shall conform to the requirements of Technical Standards Document No. 500, Low-speed Vehicles (TSD 500), as amended from time to time.

(2) Every low-speed vehicle shall be permanently marked with a slow-moving vehicle identification emblem (SMV emblem) that conforms to section 6 of American National Standard Slow Moving Vehicle Identification Emblem (SMV Emblem), ANSI/ASAE S276.6, published in January 2005 by the American Society of Agricultural Engineers.

(3) However, section 6 of ANSI/ASAE S276.6 is modified as follows:

  • (a) the dimensions of the SMV emblem may be greater than those specified in Figure 1 as long as each dimension is increased so that it has the same relation to the other dimensions as the dimensions specified in the Figure have to each other; and
  • (b) the recommendation in paragraph 6.2.6 is mandatory.

(4) The SMV emblem shall be mounted in accordance with paragraphs 7.1.1 and 7.1.2 of ANSI/ASAE S276.6. It shall be mounted on the centreline or as near to the left of the centreline of the vehicle as practicable, not less than 500 mm but not more than 1 500 mm above the surface of the roadway.

(5) The SMV emblem shall be affixed so that the view of the emblem is not obscured or obstructed by any part of the vehicle or any attachment designed for the vehicle.

(6) This section expires on January 31, 2016.

COMING INTO FORCE

7. These Regulations come into force on the day they are published in the Canada Gazette, Part Ⅱ.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

According to subsection 12(4) of the Motor Vehicle Safety Act (MVSA), sections of the Motor Vehicle Safety Regulations (MVSR) that incorporate by reference a Technical Standard Document (TSD) must expire within five years after the day on which they come into force. This allows for the review of any stakeholder comments pertaining to the TSD received before the date on which the section that incorporates it by reference expires. To maintain their continuous application, these sections of the MVSR must be re-enacted before they expire. If they are allowed to expire, the safety requirements they contain, which help ensure the safety of the Canadian driving public, will cease to be in effect.

The Government of Canada is re-enacting sections of Schedule IV to the MVSR to extend their expiration date to ensure that the safety requirements they contain through incorporation by reference of TSDs will not cease to have the force and effect of the law.

Description and rationale

These Regulations amend the expiry date for 14 sections of Schedule IV to the MVSR. The new expiration date is January 31, 2016 for all sections.

The sections of Schedule IV that are amended are 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition and Roof Panel Systems, 123 Motorcycle Controls and Displays, 124 Accelerator Control Systems, 131 School Bus Pedestrian Safety Devices, 135 Light Vehicle Brake Systems, 209 Seat Belt Assemblies, 301 Fuel System Integrity, 302 Flammability of Interior Materials, 305 Electrolyte Spillage and Electrical Shock Protection, 401 Interior Trunk Release and 500 Low-speed Vehicles.

As defined by section 12 of the MVSA, a TSD is a document that reproduces an enactment of a foreign government (e.g. a Federal Motor Vehicle Safety Standard [FMVSS] issued by the United States National Highway Traffic Safety Administration).

TSDs, which form many of the safety requirements for new motor vehicles offered for sale in Canada, are published by Transport Canada and then amended from time to time, with certain adaptations. These adaptations include the deletion of material that does not apply under the MVSA and the MVSR, the introduction of metric measurements, the deletion of superseded dates, the substitution of the United States reporting requirements with the Canadian ones and some editorial changes.

A TSD is amended each time the foreign enactment which forms the basis of the TSD is amended. In the case where the foreign enactment is that of the United States, the amendment to the foreign enactment would have been thoroughly discussed with the motor vehicle industry which supplies vehicles to the North American market. Section 17 of the MVSR requires the publication of a notice in the Canada Gazette, Part Ⅰ, each time a TSD is amended. This allows the industry and the Canadian public to submit their comments to the department. These comments are taken into consideration when re-enacting the section of the MVSRs that incorporates the TSD.

The sections that incorporate by reference the TSDs allow for the harmonization of Canadian motor vehicle safety requirements with those of the United States. Maintaining these sections in force is important for not only the safety of Canadians but also for minimizing the cost of vehicles for consumers. If these sections were allowed to expire, the safety requirements they contain would no longer be enforceable under Canadian law. This regulatory initiative does not change any technical requirements nor increase the burden on motor vehicle manufacturers.

Consultation

Only 2 of the 14 TSDs incorporated by reference have been revised after the day of coming into force of the previous provision that set out an expiration date for the section that incorporates the TSD. More specifically, notifications of revisions to TSD 123 and 301 were given in the Canada Gazette, Part Ⅰ, on December 5, 2009, and July 24, 2010, respectively. No comments were received following the publication of these notices.

The intent to move forward with this regulatory initiative was included in the Department of Transport’s Regulation Plan that is distributed to the automotive industry and other stakeholders, either directly or through various industry and consumer associations. The most recent publication of the Departmental Regulation Plan was in January of 2011 and no comments were received regarding the re-enactment of these sections. In meetings and exchange of correspondence, this regulatory policy of re-enacting sections referring to TSDs is universally supported by all of the stakeholders.

Implementation, enforcement and service standards

Motor vehicle manufacturers and importers are responsible for ensuring that their products conform to the requirements of the Motor Vehicle Safety Regulations. The Department of Transport monitors 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 defect in a vehicle or equipment is identified, the manufacturer or importer must issue a Notice of Defect to the owners and to the Minister of Transport. Any person or company who contravenes a provision of the Motor Vehicle Safety Act is guilty of an offence, and liable to the applicable penalty set out in the Act.

Contact

Marie Quesnel Williams
Junior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation
Transport Canada
275 Slater Street, 16th Floor
Ottawa, Ontario
K1A 0N5
Email: marie.quesnelwilliams@tc.gc.ca

Footnote a
S.C. 1993, c. 16

Footnote b
S.C. 1993, c. 16

Footnote 1
C.R.C., c. 1038