Vol. 149, No. 6 — February 7, 2015

Regulations Amending the Motor Vehicle Safety Regulations (Standards 207, 208, 209, 301.1, 301.2, 1106, 1201 and 1202)

Statutory authority

Motor Vehicle Safety Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Sections 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity, contain outdated testing standards and do not allow manufacturers to utilize new testing procedures. Section 1106, Noise Emissions, contains the requirements related to noise level for various vehicle types. The current requirements contain references to testing procedures that are outdated and prevent new technologies from being implemented in the marketplace. Key industry stakeholders have requested that the outdated noise regulations be replaced with updated testing standards that are appropriate for the new technologies now being brought to market by these stakeholders.

The current snowmobile requirements contain incorporated standards that are either out of date or no longer in place, since they have been replaced with new standards. Some requirements have also become obsolete.

The Motor Vehicle Safety Act (MVSA) has recently been amended. Under the MVSA, subsection 12(4) has been repealed, which means that sections of the Motor Vehicle Safety Regulations (MVSR) that incorporate or refer to a Technical Standards Document (TSD) no longer require expiry dates of up to five years after the day on which they came into force. As a result, an expiry date is no longer required for section 209, Seat Belt Assemblies.

Objectives

The objective of the proposed amendments is to update several outdated and expired standards and allow stakeholders to use the newer versions.

Description

The proposal would amend Schedule IV of the Regulations and sections 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity. These proposed changes would update references to outdated testing standards and allow manufacturers to utilize these new testing procedures.

Section 1106, Noise Emissions, governs noise emissions of newly manufactured motor vehicles. The Canadian Vehicle Manufacturers’ Association (CVMA), representing Chrysler Canada Inc., Ford Motor Company of Canada Limited, General Motors of Canada Limited and Navistar Canada, Inc., submitted a letter to the Department of Transport (the Department) on January 14, 2011. They stated that the Department should reference and allow the use of the latest applicable Society of Automotive Engineers (SAE) test standard, SAE J2805. SAE J2805 was developed in cooperation with the International Organization for Standardization (ISO) and its standard, ISO 362-1. ISO 362-1 is also the technical basis for noise testing conducted in other markets. After assessing the proposed SAE standard, the Department is proposing to reference the ISO standard directly, due to the fact that it is more up to date. This change will phase out the SAE standard (SAE J986), and facilitate the adoption of the latest ISO standard, which will provide manufacturers with a widely accepted method of testing all vehicle technology types.

Section 1201, Snowmobile Standards, sets out the regulatory requirements governing snowmobiles. According to this section, snowmobiles must comply with standards published by the Snowmobile Safety and Certification Committee, Inc. (SSCC), a North American non-profit association that has developed safety standards for the manufacture and certification of snowmobiles. These standards are contained in SSCC/11, Safety Standards for Snowmobile Product Certification, and in the supplement to SSCC/11, Detailed Standards and Testing Specifications and Procedures. On March 11, 2011, the SSCC reaffirmed and updated the Safety Standards for Snowmobile Product Certification and the accompanying supplement.

The proposed MVSR amendment would update the safety requirements by removing the reference to the February 6, 2003, versions and replacing it with a reference to the March 11, 2011, standards. These updated SSCC standards adopt a new method of referencing SAE standards by adding a publication date to the reference. This will provide further clarity for enforcement purposes by removing the ambiguity about which versions of standards to use.

Section 1202, Snowmobile Cutters, sets out the regulatory requirements governing snowmobile cutters. A snowmobile cutter is a type of towed trailer used to transport people. To the Department’s knowledge, no compliance concerns have arisen regarding these devices. This section is outdated and the references would need to be updated. In an effort to streamline and to find efficiencies in maintaining the MVSR, the Department proposes that it would be a better use of resources to repeal section 1202.

Section 301.1, LPG Fuel System Integrity, sets out regulatory requirements governing vehicles equipped with a fuel system that uses liquefied petroleum gas as a source of energy for propulsion. This proposed amendment would repeal references to the National Standard of Canada CAN/CGA-12.2, Propane Fuel System Components for Use on Highway Vehicles, as this standard has been withdrawn. Moreover, this amendment would replace the current reference to section 4 of National Standard of Canada CAN/CGA-B149.5, Installation Code for Propane Fuel Systems and Tanks on Highway Vehicles, with references to various sections of that standard.

Section 301.2, CNG Fuel System Integrity, sets out regulatory requirements governing vehicles equipped with a fuel system that uses compressed natural gas as a source of energy for propulsion. This amendment would update titles and terminology related to the standards incorporated by reference.

TSDs form most of the safety requirements for new motor vehicles offered for sale in Canada. As authorized by section 12 of the MVSA, a TSD reproduces an enactment of a foreign government (e.g. a Federal Motor Vehicle Safety Standard issued by the United States National Highway Traffic Safety Administration).

TSDs are published by the Department and amended from time to time. These amendments may include the deletion of material that does not apply under the MVSA and the MVSR, the introduction of equivalent metric measurements, the deletion of superseded dates, the substitution of U.S. reporting requirements with equivalent Canadian requirements, translated (French) text and other editorial changes.

The proposed amendment would also make minor administrative changes to correct inconsistencies in sections 207, Anchorage of Seats, 208, Occupant Protection in Frontal Impacts, and 209, Seat Belt Assemblies.

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to this proposal, as the vast majority of motor vehicle manufacturers selling into the Canadian marketplace are not small businesses and are not domiciled in Canada.

Consultation

The Department informs the automotive industry, public safety organizations, and the general public when changes are planned to the MVSR. This gives them the opportunity to comment on these changes by letter or email. The Department also consults regularly, in face-to-face meetings or teleconferences, with the automotive industry, public safety organizations, the provinces, and the territories.

Finally, the Department meets regularly with the federal authorities of other countries. Harmonized regulations are key to trade and to a competitive Canadian automotive industry. The Department and the United States Department of Transportation hold semi-annual meetings to discuss issues of mutual importance and planned regulatory changes. In addition, departmental officials participate in and support the development of global technical Regulations, which are developed by the World Forum for the Harmonization of Vehicle Regulations under the direction of the United Nations Economic Commission for Europe.

The intent to move forward with this regulatory initiative was included in the Transport Canada Vehicle Safety Regulatory Plan that is distributed to the automotive industry and other stakeholders, either directly or through various industry and other associations. No negative comments were received. In meetings and correspondence, the regulatory strategy to re-enact sections of the MVSR referring to TSDs has been universally supported by all stakeholders.

The CVMA sent a letter of support to update the noise requirements to reference the ISO standard. This proposal would allow manufacturers to use more up-to-date test methods. After discussing the idea of adopting the ISO standard directly, instead of the SAE standard, no negative comments were received. In its letter, the CMVA commented that in addition to passenger cars, vehicles with a gross vehicle weight rating (GVWR) over 4 536 kg should also be permitted the option to follow the ISO 362-1:2007 noise testing standard as an acceptable testing alternative to the current regulatory requirements. The Department agrees that there is technical merit to allowing the use of ISO 362-1:2007 and has added maximum noise levels that should apply to these vehicles.

Consultation was undertaken with the SSCC, which includes representatives from all major North American snowmobile manufacturers. They were all in favour of using the updated SSCC standards.

Rationale

Re-enactment of the provisions of the MVSR listed above would maintain continuous application of their requirements, which is imperative to the safety of Canada’s driving public. In addition, the continuing application of TSDs will harmonize motor vehicle safety requirements with those of the United States. If these sections were allowed to expire, the safety requirements they contain would no longer be required under Canadian law.

Implementation, enforcement and service standards

Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the MVSA and its regulations. The Department of Transport monitors the selfcertification 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 MVSA or its regulations is guilty of an offence and liable to the applicable penalty set out in the Act.

Contact

Kyle Buchanan
Regulatory Development Engineer
Motor Vehicle Safety
Transport Canada
330 Sparks Street, 11th Floor
Ottawa (Ontario)
K1A 0N5
Email: kyle.buchanan@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 this person may not be considered as part of this regulatory proposal. Individual responses to submissions will not be provided. Any subsequent final regulation that is published in 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

Notice is given that the Governor in Council, pursuant to subsections 5(1) (see footnote a) and 11(1) (see footnote b) of the Motor Vehicle Safety Act (see footnote c), proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standards 207, 208, 209, 301.1, 301.2, 1106, 1201 and 1202).

Interested persons may make representations with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Kyle Buchanan, Regulatory Development Engineer, Motor Vehicle Safety, Department of Transport, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (email: kyle.buchanan@tc.gc.ca).

Ottawa, January 29, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (STANDARDS 207, 208, 209, 301.1, 301.2, 1106, 1201 AND 1202)

AMENDMENTS

1. (1) The definition “snowmobile cutter” in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 1) is repealed.

(2) The definition “snowmobile trailer” in subsection 2(1) of the Regulations is replaced by the following:

“snowmobile trailer” means a trailer designed primarily for the transportation of snowmobiles; (remorque pour motoneige)

(3) Section 2 of the Regulations is amended by adding the following after subsection (1):

(2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version.

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

3. (1) Paragraph 12(3)(a) of the Regulations is replaced by the following:

(2) Paragraph 12(5)(d) of the Regulations is replaced by the following:

4. The portion of item 208 of Schedule III to the Regulations in column II is replaced by the following:

Column I

Item (CMVSS)
Column II

Description
208 Occupant Protection in Frontal Impacts

5. The portion of items 301.1 and 301.2 of Schedule III to the French version of the Regulations in column II is replaced by the following:

Colonne I

Article (NSVAC)
Colonne II

Description
301.1 Étanchéité du circuit d’alimentation en carburant de type GPL
301.2 Étanchéité du circuit d’alimentation en carburant de type GNC

6. The portion of item 1201 of Schedule III to the Regulations in column II is replaced by the following:

Column I

Item (CMVSS)
Column II

Description
1201 Snowmobiles

7. Item 1202 of Schedule III to the Regulations is repealed.

8. Subsection 207(3) of Part III of Schedule IV to the Regulations is replaced by the following:

(3) In the case of a truck or multi-purpose passenger vehicle with a GVWR greater than 4 536 kg or a motor home, a seat that is labelled in accordance with S4.4 of TSD 207 is not considered to be a designated seating position.

9. Subsection 208(3) of Part III of Schedule IV to the Regulations is replaced by the following:

(3) Every truck and multi-purpose passenger vehicle with a GVWR greater than 4 536 kg shall be equipped

10. Subsections 209(12) and (13) of Part III of Schedule IV to the Regulations are replaced by the following:

(12) The requirements relating to colour retention in S4.2(e) of TSD 209 do not apply.

(13) The requirements relating to the transfer of corrosion in S4.3(a)(2) of TSD 209 do not apply.

(14) A Type 1 or Type 2 seat belt assembly that includes a loadlimiter 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 designated seating position that is equipped with a frontal air bag.

11. (1) Subsection 301.1(3) of Part IV of Schedule IV to the Regulations is replaced by the following:

(3) Instead of complying with subsections (1) and (2), a vehicle, other than a school bus, that is equipped with a fuel system that uses LPG as a source of energy for its propulsion may comply with the requirements respecting the approval of valves, components and accessories, and the requirements respecting the installation of propane fuel systems and tanks on highway vehicles, set out in the version of CSA Standard B149.5, Installation code for propane fuel systems and tanks on highway vehicles (CSA B149.5), that is in effect 48 months before the date of the last manufacturing operation performed by the manufacturer who installed the fuel system, as shown on the manufacturer’s information label, or the date of manufacture of the completed vehicle, as shown on the compliance label, or a more recent version of that Standard, except that the following requirements do not apply:

(2) Subsection 301.1(4) of Part IV of Schedule IV to the Regulations is replaced by the following:

(4) A manufacturer of a vehicle that is equipped with a fuel system that uses LPG as a source of energy for its propulsion shall indicate to the Minister, on request, the version of the standard referred to in subsection (3) with which the vehicle complies.

12. (1) Subparagraph 301.2(2)(b)(ii) of Part IV of Schedule IV to the Regulations is replaced by the following:

895 (T⁄VFS)

(2) Subsection 301.2(3) of Part IV of Schedule IV to the Regulations is replaced by the following:

(3) Instead of complying with subsection (1), a vehicle, other than a school bus, that is equipped with a fuel system that uses CNG as a source of energy for its propulsion may comply with the system requirements set out in the version of CSA Standard B109, Natural Gas for Vehicles Installation Code (CSA Standard B109), that is in effect 48 months before the date of the last manufacturing operation performed by the manufacturer who installed the fuel system, as shown on the manufacturer’s information label, or the date of manufacture of the completed vehicle, as shown on the compliance label, or a more recent version of that Standard, except that the following requirements do not apply:

(3) Subsections 301.2(4) and (5) of Part IV of Schedule IV to the Regulations are replaced by the following:

(4) Only a CNG cylinder that is marked in accordance with the marking requirements in one of the following standards to indicate that the cylinder complies with that standard may be installed on a vehicle that is equipped with a fuel system that uses CNG as a source of energy for its propulsion:

(5) A manufacturer of a vehicle that is equipped with a fuel system that uses CNG as a source of energy for its propulsion shall indicate to the Minister, on request, the version of the standards referred to in subsections (3) and (4) with which the vehicle complies.

13. Schedule V.1 to the Regulations is replaced by the Schedule V.1 set out in the schedule to these Regulations.

14. The heading before section 1201 and sections 1201 and 1202 of Schedule VI to the Regulations are replaced by the following:

SNOWMOBILES (STANDARD 1201)

1201. (1) Every snowmobile shall be constructed so that it conforms to the requirements set out in the Detailed Standards and Testing Specifications and Procedures, SSCC/11 Supplement, published by the Snowmobile Safety and Certification Committee, Inc. (the Supplement), dated March, 2011, except that the following provisions do not apply:

(2) When a snowmobile is tested, the manufacturer may use, instead of the tests set out in the version of the Supplement referred to in subsection (1), the tests set out in the version of the Supplement that is in effect on January 1 of the calendar year in which the snowmobile is manufactured.

(3) For the purposes of this section, the word “snowmobile” used in the Supplement has the same meaning as in subsection 2(1) of these Regulations.

(4) The words “designed” and “designed to” used in the Supplement shall mean designed and constructed in such a manner so as to conform, under normal conditions of operation, to the performance requirements of the Supplement.

(5) The word “will” used in the Supplement shall be considered to create an obligation.

(6) The following shall be provided in both official languages:

(7) Every snowmobile shall be equipped with headlamps that are on continuously when the engine of the snowmobile is operating.

COMING INTO FORCE

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

SCHEDULE
(Section 13)

SCHEDULE V.1
(Section 5)

NOISE EMISSIONS (STANDARD 1106)
Interpretation

1. The definitions in this section apply in this Schedule and in the documents referred to in this Schedule.

“dBA” means the A-weighted sound level in decibels. (dBA)

“decibel” or “dB” means 20 times the logarithm to the base 10 of the ratio of the measured sound pressure relative to a reference sound pressure of 20 µPa. (décibel ou dB)

“rated engine speed” or “maximum rated engine speed” means the rotational speed of an engine in revolutions per minute (RPM) at which the maximum horsepower of the engine is attained. (régime maximal nominal, rated engine speed ou maximum rated engine speed)

“sound level” means the root-mean-square of the values measured in dBA that are recorded during testing conducted under this section. (niveau sonore)

Exterior Sound Level

2. Every vehicle, other than a motorcycle or a vehicle referred to in section 4, shall be so constructed that

3. Every motorcycle shall be so constructed that

4. Every multi-purpose passenger vehicle, truck or incomplete vehicle fitted with a cab, with a GVWR of more than 4 536 kg, shall be constructed so that

[6-1-o]