ARCHIVED — Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program)

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Registration

SOR/2008-104 April 3, 2008

MOTOR VEHICLE SAFETY ACT

P.C. 2008-619 April 3, 2008

Whereas the proposed Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program) 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, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 5 (see footnote b) and subsection 11(1) of the Motor Vehicle Safety Act (see footnote c), hereby makes the annexed Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program).

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE MOTOR VEHICLE SAFETY ACT (MISCELLANEOUS PROGRAM)

MOTOR VEHICLE SAFETY REGULATIONS

1. (1) The definition “remorque pour embarcation” in subsection 2(1) of the French version of the Motor Vehicle Safety Regulations (see footnote 1) is repealed.

(2) The definition “mobility-impaired occupant” in subsection 2(1) of the English version of the Regulations is replaced by the following:

“mobility-impaired occupant” means a person whose mass is 9 kg or more and who, for orthopaedic reasons or because of the person’s build or other physical characteristics, is unable to use a child restraint system or a Type 1 or Type 2 seat belt; (occupant à mobilité réduite)

(3) Paragraph (b) of the definition “limited-speed motorcycle” in subsection 2(1) of the Regulations is replaced by the following:

(b) has a maximum speed of 70 km/h or less, measured in accordance with International Organization for Standardization standard ISO 7117-1981, Road vehicles — measurement method for the maximum speed of motorcycles,

2. Subsection 10(1) of the Regulations is replaced by the following:

10. (1) For each vehicle to which the national safety mark is applied, a company shall maintain in writing or in readily readable electronic or optical form the records referred to in paragraph 5(1)(g) of the Act that show that the vehicle conforms to all prescribed standards applicable to it and retain those records for at least five years after the date of manufacture or importation.

3. Paragraph 15(3)(b) of the Regulations is replaced by the following:

(b) the revised number of vehicles affected by the notice of defect, if applicable;

4. Subsection 15.1(2) of the Regulations is repealed.

5. Subsection 16(2) of the Regulations is repealed.

6. Schedule II to the Regulations is replaced by the Schedule II set out in Part 1 of the schedule to these Regulations.

7. The portion of item 401 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

401

Mécanisme de déverrouillage du coffre interne

8. Item 1202 of Schedule III to the French version of the Regulations is replaced by the following:

Colonne I

Colonne II

Colonne III
Catégories de véhicules

Article (NSVAC)

Description

Autobus

Camion

Motocyclette

Motocyclette à habitacle fermé

Motocyclette sans habitacle fermé

Motocyclette à vitesse limitée

1202

Traîneau de motoneige

         

Colonne I

Colonne II

  Colonne III

Catégories de véhicules
    Motocyclette        

Article (NSVAC)

Description

Tricycle à moteur

Motocyclette à usage restreint

Motoneige

Traîneau de motoneige

Chariot de conversion

1202

Traîneau de motoneige

     

X

 

Colonne I

Colonne II

Colonne III

Catégories de véhicules

Article (NSVAC)

Description

Remorque

Véhicule de tourisme à usages multiples

Voiture de tourisme

Véhicule importé temporairement à des fins spéciales

Véhicule à basse vitesse

Véhicule à trois roues

1202

Traîneau de motoneige

           

9. (1) The definition “road load” in subsection 103(1) of Schedule IV to the Regulations is replaced by the following:

“road load” means the power output required to move the vehicle at the curb mass plus 180 kg on level, clean, dry, smooth portland cement concrete pavement or other surface with an equivalent coefficient of surface friction at a specified speed through still air at 20°C and a standard barometric pressure of 101.3 kPa, and includes driveline friction, rolling friction and air resistance. (charge de route)

(2) Paragraph 103(4)(e) of Schedule IV to the Regulations is replaced by the following:

(e) one or two windows may be open a total of 25 mm;

(3) Paragraph 103(4)(g) of Schedule IV to the Regulations is replaced by the following:

(g) the wind velocity is at any level from 0 to 3 km/h; and

10. (1) The definition “glazing surface reference line” in subsection 104(1) of Schedule IV to the Regulations is replaced by the following:

“glazing surface reference line” means the intersection of the glazing surface and a horizontal plane 635 mm above the seating reference point, as shown in Figure 1 of SAE Recommended Practice J903a (May 1966); (ligne de référence de la surface vitrée)

(2) Paragraph 104(5)(b) of Schedule IV to the Regulations is replaced by the following:

(b) is within the area bounded by a perimeter line on the glazing surface 25 mm from the edge of the daylight opening.

11. Section 105 of Schedule IV to the Regulations and the heading “General” before it are replaced by the following:

105. (1) Subject to section 135, every motor vehicle shall conform to Technical Standards Document No. 105, Hydraulic and Electric Brake Systems (TSD 105), as amended from time to time.

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

(a) in the cases referred to in paragraphs S5.3.5(c)(1)(A), (B) and (D), 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 section S5.3 and paragraph 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 section S5.4.3 of TSD 105 may be replaced by another statement to the same effect.

(6) This section expires on January 1, 2010.

12. (1) Subsections 108(1) and (1.1) of Schedule IV to the Regulations are replaced by the following:

108. (1) Every passenger car, multi-purpose passenger vehicle, motorcycle, truck, trailer and bus shall be equipped with the lamps, retroreflective devices and associated equipment required by Technical Standards Document No. 108, Lamps, Reflective Devices and Associated Equipment (TSD 108), as amended from time to time.

(1.1) Every three-wheeled vehicle shall be equipped with the lamps, retroreflective devices and associated equipment required by TSD 108 for passenger cars.

(2) Subsection 108(3) of Schedule IV to the Regulations is replaced by the following:

(3) Lamps, retroreflective devices and associated equipment required by this section shall be designed, installed and visible in accordance with the requirements of TSD 108, except Figures 11 to 14, 16, 18, 21 and 22.

(3) Paragraph 108(5)(b) of Schedule IV to the Regulations is replaced by the following:

(b) provided by the vehicle manufacturer to the Minister, at the Minister’s request.

(4) Subsection 108(14) of Schedule IV to the Regulations is replaced by the following:

(14) For the purposes of section S5.3 and Table II of TSD 108, the location of rear identification lamps on a van trailer with side-opening rear doors conforms to that section if the lamps are located as close as practicable to the top of the vehicle

(a) above or on the rear doors, where the vertical face of the header rail, measured on the vertical centreline of the vehicle, extends at least 25 mm above the rear doors; or

(b) above or below or on the rear doors, where the vertical face of the header rail, measured on the vertical centreline of the vehicle, extends less than 25 mm above the rear doors.

(5) Subsection 108(15) of Schedule IV to the Regulations is repealed.

(6) Subsections 108(27) and (28) of Schedule IV to the Regulations are replaced by the following:

(27) Despite section S7.3.7(e)(8) of TSD 108, the figures to which a deflectometer referred to in section 4.5 of SAE Standard J580, Sealed Beam Headlamp Assembly (December 1986) shall be designed to conform are those specified in a standard or recommended practice issued by the Society of Automotive Engineers (SAE) or provided by the vehicle manufacturer to the Minister, at the Minister’s request.

(28) Despite section S7.3.8(c)(2) of TSD 108, the figures to which the special adapter and the deflectometer shall be designed to conform are those specified in a standard or recommended practice issued by the Society of Automotive Engineers (SAE) or provided by the vehicle manufacturer to the Minister, at the Minister’s request.

(7) Subsection 108(65) of Schedule IV to the Regulations is replaced by the following:

(65) A daytime running lamp shall meet the requirements of sections S5.1.3 and S5.3 of TSD 108.

13. The portion of subsection 114(6) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(6) Compliance with paragraph (2)(c) shall be verified with the vehicle at curb mass plus 91 kg (including the driver), as follows:

14. Section 121 of Schedule IV to the Regulations and the heading “General” before it are replaced by the following:

121. (1) Every motor vehicle that is equipped with an air brake system and to which Technical Standards Document No. 121, Air Brake Systems (TSD 121) applies shall conform to TSD 121, as amended from time to time.

(2) When a truck or bus is equipped with a front brake pressure limiting valve, that valve shall be automatic and shall operate while the service brakes are applied.

(3) Every antilock brake system malfunction indicator referred to in section S5.1.6.2 of TSD 121 shall display the corresponding symbol shown for this indicator in Table II to section 101 of this Schedule, and all words accompanying the symbols shall be displayed in both official languages.

(4) Despite paragraph S5.2.3.3(a) of TSD 121, in addition to meeting the requirements of section S5.2.3.2 of TSD 121, each trailer and each trailer converter dolly manufactured before March 1, 2010 shall be equipped with an external antilock brake system malfunction indicator lamp that meets the requirements of paragraphs S5.2.3.3(b) to (d) of TSD 121.

(5) The test of the parking brake static retardation force that is referred to in section S5.6.1 of TSD 121 must be conducted in both the forward and rearward directions.

(6) This section expires on January 1, 2010.

15. Section 135 of Schedule IV to the Regulations and the heading “General” before it are replaced by the following:

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

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

(3) Despite section S5.5 and paragraph 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 section S5.5 of TSD 135, the words required to be displayed under section S5.5.5 of TSD 135

(a) may be replaced or accompanied by a symbol that conforms to the colour requirements of subsection 101(9.1) of this Schedule in the cases referred to in paragraphs S5.5.5(d)(1), (2), (4) and (5) and in the case of the variable brake proportioning system indicator referred to in paragraph S5.5.5(d)(3); and

(b) shall be displayed in both official languages, if not accompanied by a symbol.

(5) Despite section S5.5 and paragraph 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 sections 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 1, 2010.

16. The portion of subsection 208(1) of Schedule IV to the French version of the Regulations before paragraph (a) is replaced by the following:

208. (1) Sous réserve des paragraphes (2.1) et (8) à (10), tout véhicule doit être muni, aux places assises désignées extérieures avant, d’une ceinture de sécurité manuelle de type 2 qui :

17. (1) Paragraph 210.2(4)(b) of Schedule IV to the English version of the Regulations is replaced by the following:

(b) in two forward-facing designated seating positions in the second row of seating positions in a passenger car, three-wheeled vehicle or truck;

(2) Paragraphs 210.2(4)(d) to (g) of Schedule IV to the Regulations are replaced by the following:

(d) in two forward-facing designated seating positions, other than that of the driver or those in a bench seat that contains an adjacent seat in relation to the emergency exit, in a school bus that has 24 or fewer designated passenger seating positions;

(e) in four forward-facing designated seating positions, other than that of the driver or those in a bench seat that contains an adjacent seat in relation to the emergency exit, in a school bus that has 25 or more, but 65 or fewer, designated passenger seating positions;

(f) in eight forward-facing designated seating positions, other than that of the driver or those in a bench seat that contains an adjacent seat in relation to the emergency exit, in a school bus that has 66 or more designated passenger seating positions; and

(g) in two forward-facing designated seating positions, other than that of the driver, in a bus other than a school bus.

18. (1) Subsection 213.4(7) of Schedule IV to the English version of the Regulations is replaced by the following:

(7) Every built-in child restraint system shall provide a surface for the support of the child’s back that has a continuous surface area of not less than 54 800 mm2 (85 square inches).

(2) Paragraph 213.4(20)(a) of Schedule IV to the French version of the Regulations is replaced by the following:

a) indiquer les conséquences immédiates qu’entraîne le non-respect des instructions d’utilisation de l’ensemble de retenue d’enfant visées aux paragraphes (17) et (19);

19. (1) Paragraph 223(2)(a) of Schedule IV to the French version of the Regulations is replaced by the following:

a) les remorques pour charges longues, les remorques pour bois à pâte, les remorques à roues arrière reculées ou les remorques aménagées en habitation temporaire;

(2) Paragraph 223(10)(c) of Schedule IV to the Regulations is replaced by the following:

(c) have a ground clearance not exceeding 560 mm, measured at each support to which the horizontal member is attached, as shown in Figure 3, after completion of the energy absorption test or, if that test is not required, after completion of the uniform load test.

(3) Paragraph 223(12)(c) of Schedule IV to the Regulations is replaced by the following:

(c) have a ground clearance not exceeding 560 mm, measured at each support to which the horizontal member is attached, as shown in Figure 3, after completion of the energy absorption test or, if that test is not required, after completion of the uniform load test.

20. Subsection 301.1(1.3) of Schedule IV to the Regulations is replaced by the following:

(1.3) Subsections (1.1) and (1.2) expire on February 28, 2009.

21. Subsection 301.2(1.3) of Schedule IV to the Regulations is replaced by the following:

(1.3) Subsections (1.1) and (1.2) expire on February 28, 2009.

22. (1) Paragraph 903(5)(a) of Schedule IV to the Regulations is replaced by the following:

(a) be separated laterally by a distance of 762 mm ± 2 mm;

(2) Paragraph 903(5)(c) of Schedule IV to the Regulations is replaced by the following:

(c) have a mounting height of 900 mm ± 10 mm, when the C-dolly is not loaded; and

23. (1) Paragraph 904(3)(a) of Schedule IV to the Regulations is replaced by the following:

(a) be separated laterally by a distance of 762 mm ± 2 mm;

(2) Paragraph 904(3)(c) of Schedule IV to the Regulations is replaced by the following:

(c) have a mounting height of 900 mm ± 10 mm, when the trailer is not loaded; and

MOTOR VEHICLE TIRE SAFETY REGULATIONS, 1995

24. Subsection 11(1) of the Motor Vehicle Tire Safety Regulations, 1995 (see footnote 2) is replaced by the following:

11. (1) Subject to subsection (3), for each tire to which the national safety mark is applied, a company shall maintain in writing or in readily readable electronic or optical form the records referred to in paragraph 5(1)(g) of the Act that show that the tire conforms to all prescribed standards applicable to it and retain those records for at least three years after the date of manufacture or importation.

25. Paragraph 15(3)(b) of the Regulations is replaced by the following :

(b) the revised number of tires affected by the notice of defect, if applicable;

26. Schedule I to the Regulations is replaced by the Schedule I set out in Part 2 of the schedule to these Regulations.

MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS

27. (1) The definitions “booster cushion” and “mobility-impaired occupant” in subsection 1(1) of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 3) are replaced by the following:

“booster cushion” means a removable device for use in a vehicle for the purpose of seating in an elevated position a person whose mass is 18 kg or more, which device, together with a vehicle seat belt, is used in the restraint of the person. (coussin d’appoint)

“mobility-impaired occupant” means a person whose mass is 9 kg or more and who, for orthopaedic reasons or because of the person’s build or other physical characteristics, is unable to use a child restraint system, a booster cushion, a built-in child restraint system or a built-in booster cushion referred to in section 213.4 of Schedule IV to the Motor Vehicle Safety Regulations, or a vehicle seat belt. (occupant à mobilité réduite)

(2) Subsection 1(3) of the Regulations is repealed.

28. (1) Subsections 2(1) and (2) of the Regulations are replaced by the following:

2. (1) For the purposes of subsection 3(2) of the Act, the Minister may authorize a company to apply the national safety mark to a restraint system or booster cushion, including any accompanying documentation or packaging.

(2) A company that intends to apply the national safety mark to a restraint system or booster cushion must apply to the Minister to obtain an authorization in the form set out in Schedule 1.

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

(a) the authorization number assigned to the company by the Minister; and

29. Section 5 of the Regulations is replaced by the following:

5. No company shall import a restraint system, other than a custom restraint system for disabled persons, or a booster cushion unless the restraint system or booster cushion bears the national safety mark.

30. Paragraph 7(g) of the Regulations is replaced by the following:

(g) a statement, on a red, yellow or orange background, placed on the side of the system that will face the right front passenger door when the system is facing rearward or in or adjacent to the area where the infant’s head would rest and visible to a person installing the system, warning that the restraint system must not be installed in the front seat of a vehicle equipped with a passenger-side frontal air bag; and

31. Paragraph 8(d) of the Regulations is replaced by the following:

(d) a statement that indicates that the booster cushion is for use by persons whose mass is at least 18 kg (40 pounds) and who are at least the minimum height recommended by the manufacturer;

32. Paragraph 11(g) of the Regulations is replaced by the following:

(g) a statement, on a red, yellow or orange background, placed on the side of the system that will face the right front passenger door when the system is facing rearward or in or adjacent to the area where the infant’s head would rest and visible to a person installing the system, warning that the restraint system must not be installed in the front seat of a vehicle equipped with a passenger-side frontal air bag; and

33. Subparagraph 13(2)(e)(ii) of the Regulations is replaced by the following:

(ii) in a right front seating position equipped with a continuous-loop lap and shoulder belt, if the manufacturer recommends installation of the system in that seating position; and

34. Subsection 14(1) of the Regulations is replaced by the following:

14. (1) For each restraint system or booster cushion to which the national safety mark is applied, a company must maintain in writing or in a readily readable electronic or optical format the records referred to in paragraph 5(1)(g) of the Act that show that the restraint system or booster cushion conforms to all prescribed standards applicable to it and retain those records for at least five years after the date of manufacture or importation.

35. The portion of subsection 15(1) of the Regulations before paragraph (a) is replaced by the following:

15. (1) For the purpose of maintaining a registration system referred to in paragraph 5(1)(h) of the Act, a company must provide to each person who purchases a restraint system or booster cushion an information card, in both official languages, that

36. (1) Paragraph 18(1)(c) of the Regulations is replaced by the following:

(c) the model name and number and the prescribed class of each restraint system or booster cushion in respect of which the notice is given, the period during which the systems or booster cushions were manufactured and any information necessary to permit the identification of the systems or booster cushions;

(2) Paragraph 18(2)(a) of the Regulations is replaced by the following:

(a) the total number of restraint systems or booster cushions affected by the notice of defect and the number of those systems or booster cushions in each prescribed class;

(3) Paragraph 18(3)(b) of the Regulations is replaced by the following:

(b) the revised number of restraint systems or booster cushions affected by the notice of defect, if applicable;

37. Schedule 1 to the Regulations is replaced by the Schedule 1 set out in Part 3 of the schedule to these Regulations.

38. The portion of section 6 of Schedule 3 to the Regulations before paragraph (a) is replaced by the following:

6. Every surface of a child restraint system that is contactable by the head of an anthropomorphic test device that is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213 must be covered with slow-recovery, energy-absorbing material that, when tested in accordance with section 5 of Test Method 213, has

39. (1) The portion of subsection 8(1) of Schedule 3 to the Regulations before paragraph (a) is replaced by the following:

8. (1) Every child restraint system must, when the anthropomorphic test device is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213, provide

(2) Paragraph 8(2)(a) of Schedule 3 to the Regulations is replaced by the following:

(a) be adjustable to snugly fit a child whose mass and height are within the ranges indicated in the statement referred to in paragraph 6(d) of these Regulations when the child is positioned in the system and the system is adjusted in accordance with the instructions referred to in paragraphs 13(1)(b) and (c) of these Regulations; and

40. Subsection 9(2) of Schedule 3 to the Regulations is replaced by the following:

(2) Every buckle that is used in a child restraint system belt designed to restrain a child must

(a) under the conditions set out in subsection 3.3 of Test Method 213, before dynamic testing,

(i) not release when a force of less than 40 N is applied, and

(ii) release when a force of at least 40 N but not more than 62 N is applied; and

(b) under the conditions set out in section 4 of Test Method 213, after dynamic testing, release when a force of not more than 71 N is applied.

41. The portion of paragraph 13(1)(f) of Schedule 3 to the English version of the Regulations before subparagraph (i) is replaced by the following:

(f) subject to subsection (2), provide restraint against any rearward movement of the head of the anthropomorphic test device by means of a continuous seat back that is an integral part of the system and that

42. Subparagraph 2(c)(iii) of Schedule 4 to the English version of the Regulations is replaced by the following:

(iii) has a height of at least 450 mm, measured on the vertical longitudinal centreline of the system to the top of the seat back surface of the system from the lowest point on the system’s seating surface that is contacted by the infant’s buttocks, and

43. The portion of section 5 of Schedule 4 to the Regulations before paragraph (a) is replaced by the following:

5. Every surface of an infant restraint system that is contactable by the head of an anthropomorphic test device that is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213.1 must be covered with slow-recovery, energy-absorbing material that, when tested in accordance with section 5 of Test Method 213.1, has

44. Section 6 of Schedule 4 to the Regulations is replaced by the following:

6. Every part of an infant restraint system that is designed to restrain an infant must be adjustable to snugly fit an infant whose mass and height are within the ranges indicated in the statement referred to in paragraph 7(d) when the infant is positioned in the system and the system is adjusted in accordance with the instructions referred to in paragraphs 13(1)(b) and (c).

45. (1) The portion of subsection 7(1) of Schedule 4 to the Regulations before paragraph (a) is replaced by the following:

7. (1) Every infant restraint system must, when an anthropomorphic test device is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213.1, provide additional restraint for

(2) Paragraph 7(1)(a) of Schedule 4 to the French version of the Regulations is replaced by the following:

a) assurer la retenue du haut du torse au moyen de ceintures passant par-dessus les épaules du dispositif anthropomorphe d’essai;

(3) Subsection 7(3) of Schedule 4 to the Regulations is replaced by the following:

(3) Every buckle that is used in an infant restraint system belt designed to restrain an infant must

(a) under the conditions set out in subsection 3.3 of Test Method 213.1, before dynamic testing,

(i) not release when a force of less than 40 N is applied, and

(ii) release when a force of at least 40 N but not more than 62 N is applied; and

(b) under the conditions set out in section 4 of Test Method 213.1, after dynamic testing, release when a force of not more than 71 N is applied.

46. Section 3 of Schedule 5 to the French version of the Regulations is replaced by the following:

3. Après l’application d’une précharge de 175 N sur le coussin d’appoint, celui-ci, y compris tout rembourrage ou revêtement, ne doit pas fléchir de plus de 25 mm sous l’effet d’une force verticale de 2 250 N appliquée n’importe où sur la surface assise supérieure du coussin au moyen de l’appareil décrit au paragraphe 20 de la norme ANSI/ASTM D 3574–77 de l’American Society for Testing and Materials, intitulée Flexible Cellular Materials — Slab, Bonded, and Molded Urethane Foams.

47. The portion of section 4 of Schedule 6 to the French version of the Regulations before paragraph (a) is replaced by the following:

4. Toute partie d’un élément d’armature rigide qui est dans les limites d’une surface de contact de l’ensemble de retenue pour personne handicapée ou qui est sous une telle surface doit être conforme aux exigences suivantes :

48. The portion of section 5 of Schedule 6 to the Regulations before paragraph (a) is replaced by the following:

5. Every surface of a restraint system for disabled persons that is contactable by the head of an anthropomorphic test device that is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213.3 must be covered with slow-recovery, energy-absorbing material that, when tested in accordance with section 6 of Test Method 213.3, has

49. Paragraph 7(2)(a) of Schedule 6 to the Regulations is replaced by the following:

(a) in the case of a production restraint system for disabled persons, be adjustable to snugly fit an occupant whose mass and height are within the ranges indicated in the statement referred to in paragraph 9(e) when the occupant is positioned in the system and the system is adjusted in accordance with the instructions referred to in paragraphs 13(1)(b) and (c); and

50. (1) Paragraph 8(1)(a) of Schedule 6 to the Regulations is replaced by the following:

(a) must not have visible ferrous corrosion on any surface after the seat belt assembly is subjected to the corrosion resistance test in accordance with subsection 9.2 of Test Method 213.3; and

(2) Paragraph 8(2)(c) of Schedule 6 to the Regulations is replaced by the following:

(c) not be of the hook and loop fastener type (for example, a Velcro-type fastener).

(3) Subsections 8(3) and (4) of Schedule 6 to the Regulations are replaced by the following:

(3) The surfaces of buckles and metallic parts, other than attachment hardware, of a seat belt assembly of a restraint system for disabled persons must not, after the seat belt assembly is subjected to the corrosion resistance test in accordance with subsection 9.2 of Test Method 213.3, have any ferrous or non-ferrous corrosion that may be transferred, either directly or by means of the webbing, to the mobility-impaired occupant or to the clothing of the mobility-impaired occupant.

(4) Plastic or other non-metallic hardware parts of a seat belt assembly of a restraint system for disabled persons must not, when subjected to the temperature resistance test referred to in subsection 9.3 of Test Method 213.3, warp or otherwise deteriorate in a manner that causes the seat belt assembly to operate improperly or not to meet the applicable requirements of this Schedule.

51. Subsection 10(1) of Schedule 6 to the Regulations is replaced by the following:

10. (1) Every buckle that is used in a production restraint system for disabled persons belt designed to restrain an occupant must

(a) under the conditions set out in subsection 3.3 of Test Method 213.3, before dynamic testing,

(i) not release when a force of less than 40 N is applied, and

(ii) release when a force of at least 40 N but not more than 62 N is applied; and

(b) under the conditions set out in section 4 of Test Method 213.3, after dynamic testing, release when a force of not more than 71 N is applied.

52. The portion of section 5 of Schedule 7 to the Regulations before paragraph (a) is replaced by the following:

5. Every surface of a restraint system for infants with special needs that is contactable by the head of an anthropomorphic test device that is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213.5 must be covered with slow-recovery, energy-absorbing material that, when tested in accordance with section 5 of Test Method 213.5, has

53. Section 6 of Schedule 7 to the Regulations is replaced by the following:

6. Every part of a restraint system for infants with special needs that is designed to restrain an infant must be adjustable to snugly fit an infant whose mass and height are within the ranges indicated in the statement referred to in paragraph 11(d) when the infant is positioned in the system and the system is adjusted in accordance with the instructions referred to in paragraphs 13(1)(b) and (c).

54. (1) The portion of subsection 7(1) of Schedule 7 to the Regulations before paragraph (a) is replaced by the following:

7. (1) Every restraint system for infants with special needs must, when an anthropomorphic test device is positioned in the system in accordance with subsection 3.4.2 or 3.6.2 of Test Method 213.5, provide additional restraint for

(2) Subparagraphs 7(1)(a)(i) and (ii) of Schedule 7 to the French version of the Regulations are replaced by the following:

(i) dans le cas d’un ensemble de retenue pour bébés qui ont des besoins spéciaux autre qu’un lit d’auto, au moyen de ceintures passant par-dessus les épaules du dispositif anthropomorphe d’essai,

(ii) dans le cas d’un lit d’auto, au moyen de ceintures passant par-dessus les épaules du dispositif anthropomorphe d’essai, d’une veste ou d’un nid d’ange;

(3) Subsection 7(3) of Schedule 7 to the Regulations is replaced by the following

(3) Every buckle that is used in a restraint system for infants with special needs belt designed to restrain an infant must

(a) under the conditions set out in subsection 3.3 of Test Method 213.5, before dynamic testing,

(i) not release when a force of less than 40 N is applied, and

(ii) release when a force of at least 40 N but not more than 62 N is applied; and

(b) under the conditions set out in section 4 of Test Method 213.5, after dynamic testing, release when a force of not more than 71 N is applied.

COMING INTO FORCE

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

SCHEDULE
(Sections 6, 26 and 37)

PART 1

SCHEDULE II
(Section 3)

Department of Transport

Motor Vehicle Safety Act
(subsection 3(2))

Motor Vehicle Safety Regulations (section 3)

MINISTERIAL AUTHORIZATION

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

[company name and address]

is authorized to use and apply the national safety mark, and the authorization number _______, to any vehicle of a class referred to in section 4 of the Motor Vehicle Safety Regulations, on condition that the vehicle and its components conform to all the applicable Canada Motor Vehicle Safety Standards.

The national safety mark and the authorization number are applied at the following premises: [identification of the premises]

This ministerial authorization expires on ____________________

Issued in Ottawa on ______________________, 20______

________________________________________

for the Minister of Transport, Infrastructure and

Communities

PART 2

SCHEDULE I
(Section 4)

Department of Transport

Motor Vehicle Safety Act
(subsection 3(2))

Motor Vehicle Tire Safety Regulations, 1995
(section 4)

MINISTERIAL AUTHORIZATION

Pursuant to the Motor Vehicle Safety Act and the Motor Vehicle Tire Safety Regulations, 1995,

[company name and address]

is authorized to use and apply the national safety mark, and the authorization number _______, to any motor vehicle tire of a class referred to in sections 5 and 6 of the Motor Vehicle Tire Safety Regulations, 1995, on condition that the tire conforms to all the applicable Canada Motor Vehicle Safety Standards.

The national safety mark and the authorization number are applied at the following premises: [identification of the premises]

This ministerial authorization expires on ____________________

Issued in Ottawa on ________________________, 20______

________________________________________

for the Minister of Transport, Infrastructure and

Communities

PART 3

SCHEDULE 1
(Subsection 2(2))

Department of Transport

Motor Vehicle Safety Act
(subsection 3(2))

Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations
(section 2)

MINISTERIAL AUTHORIZATION

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

[company name and address]

is authorized to use and apply the national safety mark, and the authorization number _______, to any restraint system or booster cushion of a class referred to in section 3 of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, on condition that the restraint system or booster cushion conforms to all the applicable Canada Motor Vehicle Safety Standards.

The national safety mark and the authorization number are applied at the following premises: [identification of the premises]

This ministerial authorization expires on ____________________

Issued in Ottawa on ________________________, 20______

________________________________________

for the Minister of Transport, Infrastructure and

Communities

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program) (the Regulations) reflect non-substantive changes made to the Motor Vehicle Safety Regulations (MVSR), the Motor Vehicle Tire Safety Regulations, 1995 (MVTSR) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR) and deal with issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

The Regulations correct inconsistencies in and between the English and French versions; make clarifications of intent; ensure there is no duplication in the information required to be provided; correct errors in punctuation and various references; introduce metric numbering; and update Ministerial Authorization documents.

Alternatives

Motor Vehicle Safety Regulations (MVSR)

As a result of comments from the SJCSR, the English version of the definition of “mobility-impaired occupant” of the MVSR is amended to clarify that it applies in relation to the mass of the person, not his or her status as an adult or a child. The SJCSR pointed out that while the English version of this definition refers to a person who is unable to use child-restraint systems or booster cushions because of the person’s “size, build or other physical characteristics,” the corresponding portion of the French version refers only to the build or other physical characteristics of the person (“de sa conformation ou d’autres caractéristiques physiques”). As the size of the person is encompassed by the reference to physical characteristics, the word “size” in the English version is unnecessary and is deleted.

With respect to paragraph 2(1)(b) of the definition of “limited-speed motorcycle” of the MVSR, the SJCSR indicated that the English and French versions could be interpreted differently. Both versions are therefore amended to correct this discrepancy.

Subsection 10(1) is reworded to address a discrepancy pointed out by the SJCSR between this subsection and paragraph 5(1)(g) of the Motor Vehicle Safety Act. The new wording specifies that a company is required to maintain records only once the national safety mark is applied, rather than by virtue of the fact that they manufacture or import vehicles.

The SJCSR indicated that there appears to be a duplication of information that is being requested with respect to notices of defect. To clarify the requirements, paragraph 15(3)(b) is replaced by the following: “the revised number of vehicles affected by the notice of defect, if applicable.”

Subsections 15.1(2) and 16(2) of the MVSR are being repealed since the information set out in these subsections is readily available on the Transport Canada Web site. On the same basis, paragraph 108(5)(b) of Schedule IV to the MVSR is amended to delete the text portion that relates to the address of correspondence.

Following concerns from the SJCSR that the Ministerial Authorization in Schedule II to the MVSR restricts the application of the national safety mark to certain premises, the document is reworded so that it indicates the type of information needed without restricting the authorization to certain premises.

The SJCSR raised an issue concerning the amendments made to sections 105, 121 and 135 of Schedule IV to the MVSR, which extend the expiration dates of these sections. In their view, there is no power to extend the period of validity of a section. However, according to subsection 12(4) of the Motor Vehicle Safety Act, a section, such as sections 105, 121 and 135 of Schedule IV to the MVSR, that incorporates a technical standards document (TSD) expires on the date set out in the Regulations, which date cannot be longer than five years after the date the section comes into force. In order to continue the incorporation by reference of a TSD, the provisions are re-enacted.

Furthermore, the SJCSR indicated that the expression “except as otherwise provided by this section” used in subsections 108(1), (1.1) and (3) of Schedule IV to the MVSR creates an inconsistency with other provisions in the MVSR similar in structure. This expression is therefore removed to ensure consistency of the regulatory text.

The SJCSR also indicated inconsistencies within the English and French versions of paragraphs 210.2(4)(b) and (d) to (g) of Schedule IV to the MVSR that are corrected in the Regulations.

Again, as a result of comments by the SJCSR, subsections 301.1(1.3) and 301.2(1.3) of Schedule IV to the MVSR have been amended to clarify the specific day on which subsections 301.1(1.1) and (1.2), and 301.2(1.1) and (1.2) expire instead of referring to the expiry date of TSD 301.

The Regulations also include the following housekeeping amendments:

The definition of “remorque pour embarcation” in the French version of subsection 2(1) of the MVSR is repealed as this expression is not used in the MVSR.

Schedule III to the MVSR comprises a table indicating where the Regulations apply to a class of vehicles. Standard 1202 of Schedule III to the French version of the MVSR incorrectly indicates that this standard applies to “Chariot de conversion.” This is corrected to indicate that standard 1202 applies to “Traîneau de motoneige.” Standard 401 of Schedule III to the French version of the MVSR uses the expression “mécanisme de déverrouillage.” This expression is inconsistent with the expression “interior trunk release,” which is used in the English version of the MVSR. Hence, to reconcile the English and French versions, the expression is being changed to “mécanisme de déverrouillage du coffre interne.”

In Schedule IV to the MVSR, subsections 103(1) and 114(6) contain a technical error as they associate the expression “curb weight” with a mass expressed in kilograms (kg). The weight is a gravitational force that is expressed in Newtons (N) in the metric system. Subsections 103(1) and 114(6) are consequently amended to replace the expression “curb weight” with “curb mass.”

Amendments are made to introduce metric numbering in the definition of “road load” in subsection 103(1) of Schedule IV to the MVSR, in paragraphs 103(4)(e) and (g) of Schedule IV to the MVSR, in the definition of “glazing surface reference line” in subsection 104(1) of Schedule IV to the MVSR, and in paragraph 104(5)(b) of Schedule IV to the MVSR.

The expression “Director General” in paragraphs 108(5)(b) and in subsections 108(27) and (28) of Schedule IV to the MVSR is being replaced with “the Minister.” This change is as a result of the amendments relating to the address to subsections 15.1(2) and 16(2) of the MVSR and paragraph 108(5)(b) of Schedule IV to the MVSR.

In Schedule IV to the MVSR, the reference to section S5.3.1 of TSD 108 in subsection 108(14) and to section S5.3.1.1 of TSD 108 in subsection 108(65) is incorrect, as it must be to section S5.3 in both instances.

Subsection 108(14) of Schedule IV to the MVSR is also being amended to standardize the text it contains with that of Table II of TSD 108 and reconcile the English and French versions: “vertical centerline” replaces “vertical longitudinal median plane,” “axe central vertical” replaces “plan longitudinal vertical médian;” and the expression “as high as practicable” is being replaced with “as close as practicable to the top of the vehicle.”

Subsection 108(15) of Schedule IV to the MVSR is repealed as it refers to a requirement that is already covered in TSD 108. The latter is incorporated by reference in subsection 108(1).

The French version of subsection 208(1) of Schedule IV to the MVSR is also amended to read “place assise désignée” rather than “place désignée,” as this expression is used throughout the French version of the MVSR as the equivalent of “designated seating position.”

The English version of subsection 213.4(7) of Schedule IV to the English version of the MVSR is amended to correct a grammatical error in the word “restrain.”

The French version of paragraph 213.4(20)(a) of Schedule IV to the MVSR is also amended to correct a grammatical error. The word “instruction” should have been pluralized.

An error in terminology is corrected in the French version of paragraph 223(2)(a) of Schedule IV to the MVSR. The French equivalent for “pole trailer” is “remorque pour charges longues” instead of “remorque à poutre télescopique.”

Paragraphs 223(10)(c) and (12)(c) of Schedule IV to the MVSR are being amended to clarify that rear impact guards shall have a ground clearance not exceeding 560 mm.

Paragraphs 903(5)(a) and (c) and 904(3)(a) and (c) of Schedule IV to the MVSR are amended to correct errors in punctuation.

Finally, the format and certain portions of the document (i.e., Ministerial Authorization) in Schedule II to the MVSR are being updated.

Motor Vehicle Tire Safety Regulations, 1995 (MVTSR)

Subsection 11(1) of the MVTSR pertaining to the record-keeping requirements is reworded to address a discrepancy noted by the SJCSR between this subsection and paragraph 5(1)(g) of the Motor Vehicle Safety Act and to clarify when a company is required to maintain records for tires.

The SJCSR indicated that there appears to be a duplication of information that is being requested with respect to notices of defect. To clarify the requirements, paragraph 15(3)(b) is replaced by the following: “the revised number of tires affected by the notice of defect, if applicable.”

Following concerns from the SJCSR that the Ministerial Authorization in Schedule I to the MVTSR restricts the application of the national safety mark to certain premises, the document is reworded so that it indicates the type of information needed without restricting the authorization to certain premises.

Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR)

The SJCSR indicated that the formulation of the definition of “booster cushion” in subsection 1(1) of the RSSR needed to be clarified as it contained a reference that could be considered vague because it refers to “children” when in fact it could apply to any person of a mass of at least 18 kg. The definition was re-drafted using the expression “person” whose mass is at least 18 kg to clarify that this requirement applies in relation to the mass of the person, not his or her status as an adult or a child. As a consequence of this change, paragraph 8(d) is also being amended to use the term “persons” instead of “children,” for consistency.

The SJCSR also pointed out some other discrepancies between the English and the French versions, which are being corrected, as follows:

  • The English version of the definition of “mobility-impaired occupant” no longer refers to “size” as explained under the MVSR portion above to harmonize with other provisions of the Regulations as explained above. In addition, the French version of the definition of “occupant à mobilité réduite” is amended to standardize the text it contains with that of the English version of the definition and reconcile both versions.
  • The English version of paragraph 13(1)(f) of Schedule 3 to the RSSR is amended to remove “relative to the anthropomorphic test device.” The SJCSR commented that while the English version of this provision addresses rearward movement of the head, the French version referred to “any” rearward movement of the head. The English version is therefore amended to better reflect the intent of not permitting any rearward movement of the head.
  • A lack of consistency within the French and the English versions of the RSSR was noted by the SJCSR in section 6 of Schedule 4 with respect to the expression “un bébé d’une grosseur pour laquelle le fabricant recommande son ensemble.” The SJCSR felt that this expression should have been replaced with the expression provided in the French version of section 6 of Schedule 7, which uses instead “un bébé de n’importe quelle grosseur recommandée par le fabricant.” However, it was further observed that in both expressions the word “grosseur” lacks precision, as it is unclear whether it implies the mass, the height, or both terms. Hence, section 6 of schedules 4 and 7 to the French and English versions of the RSSR are being amended to use respectively the expressions “taille et masse” and “mass and height” rather than “grosseur” and “size.” Paragraph 7(2)(a) of Schedule 6 is amended to make use of the same wording.
  • The French version of subparagraphs 7(1)(a)(i) and (ii) of Schedule 7 to the RSSR is also amended to read “au moyen de” rather than “à l’aide de,” to be consistent with other provisions of the RSSR.
  • Paragraph 7(2)(a) of Schedule 6 and section 6 of schedules 4 and 7 are also being amended to clarify that the occupant mass and height shall reflect respectively the ranges indicated in the statement required in paragraphs 7(d), 9(e) and 11(d) of the RSSR. Adding this clarification will eliminate any potential confusion. On the same basis, paragraph 8(2)(a) of Schedule 3, paragraph 7(2)(a) of Schedule 6 and section 6 of schedules 4 and 7 are amended to specify the paragraphs that relate to positioning of the occupant and adjustment of the restraint system.
  • Section 3 of the French version of Schedule 5 to the RSSR is modified to read “surface assise supérieure,” as this expression is used throughout the French version of the RSSR as the equivalent of “upper seating position.”
  • The French version of section 4 of Schedule 6 to the RSSR uses a different expression than the one used in section 5 of Schedule 3 and section 4 of Schedule 4 when referring to the rigid structural component or its underlying contactable surface. This discrepancy is corrected by amending the French version of section 4 of Schedule 6 to the RSSR to read “qui est dans les limites d’une surface de contact.”

The SJCSR further noted that subsection 1(3) of the RSSR, which indicates to whom to address a request for a copy of a test method, does not seem to serve any legislative purpose. As the information set out in that subsection is readily available on the Transport Canada Web site, this provision is being repealed.

Following clarification sought by the SJCSR, the power to authorize “classes of companies” to apply the national safety mark to a restraint system or booster cushion, is removed from subsections 2(1) and (2), as well as paragraph 2(3)(a) of the RSSR to avoid any confusion. The SJCSR indicated that subsection 2(1) empowers the Minister to authorize a company to apply the national safety mark to a restraint system or booster cushion either “by an authorization of that company individually or by specifying classes of companies that are authorized” and asked for some examples of the possible classes of companies contemplated by the provision. Since it has never been used, the deletion will make it clear that the authorizations are only given to companies individually.

The SJCSR indicated that subsection 5(1) of the RSSR is not necessary, as section 2 already provides the details respecting the application of the national safety mark on a restraint system or booster cushion. This subsection is being repealed.

Paragraphs 7(g) and 11(g) of the RSSR are amended to remove some ambiguities on the place the warning statement for an infant restraint system should be affixed. These paragraphs provide for a mandatory label that warns vehicle users that an infant restraint system or restraint system for infant with special needs, which are installed facing rearward, must not be installed in the front seat of a vehicle equipped with a passenger-side frontal air bag. The intent of this warning is to raise awareness of vehicle users so that a restraint system is not positioned in a manner that would place an infant’s head within the trajectory of a deploying air bag. However, in order for the warning to be conspicuous to vehicle users that may install an infant restraint system on the right front passenger seat, it is important for the label to be affixed on the side of the restraint system that faces the right front passenger door. The SJCSR noted that the current wording of paragraphs 7(g) and 11(g), which only refers to a “passenger door,” lacks precision because it could be interpreted by manufacturers as being any passenger doors of the vehicle, which defeat the effectiveness of the mandatory label.

As a result of comments from the SJCSR, the term “outboard” in subparagraph 13(2)(e)(ii) of the RSSR is deleted to simply refer to the “right front seating position,” as there is no technical need to describe this location in detail.

Subsection 14(1) of the RSSR pertaining to the record-keeping requirements is reworded to address a discrepancy noted by the SJCSR between this subsection and paragraph 5(1)(g) of the Motor Vehicle Safety Act and clarify that a company is not required to maintain records until it applies a national safety mark to the equipment.

The SJCSR indicated that there appears to be a duplication of information that is being requested with respect to notices of defect. To clarify the requirements, paragraph 18(3)(b) is replaced by the following: “the revised number of restraint systems or booster cushions affected by the notice of defect, if applicable.”

Following concerns from the SJCSR that the Ministerial Authorization in Schedule 1 to the RSSR restricts the application of the national safety mark to certain premises, the document is reworded so that it indicates the type of information needed without restricting the authorization to certain premises.

In paragraphs 18(1)(c) and 18(2)(a) of the RSSR, the reference to “identifying class” and “catégorie” are respectively changed to “prescribed class” and “catégorie réglementaire,” as a consequence of comments made by the SJCSR to clarify that these provisions were intended to refer only to the classes of equipment prescribed by section 3. In addition, the last part of paragraph 18(1)(c) is reworded for clarification purposes.

The SJCSR indicated there was a mistake in the English version of subparagraph 2(c)(iii) of Schedule 4 to the RSSR, which referred to “surface” instead of “system.” The subparagraph is amended accordingly to read “to the top of the seat back surface of the system.”

The SJCSR also pointed out that section 6 of Schedule 3, section 5 of Schedule 4, section 5 of Schedule 6 and section 5 of Schedule 7 to the RSSR, are requirements for the energy-absorbing material and not for the surface itself, thus their formulation must be consistent with other similar sections to reflect the true intent of these provisions.

Following concerns from the SJCSR that the expression “hook and loop fastener type” used in paragraph 8(2)(c) of both the English and the French versions of Schedule 6 to the RSSR could have a broader meaning than intended, these provisions are amended by way of an example to clarify that the fastener type intended is that of a Velcro-type fastener.

The Regulations also include the following housekeeping amendments:

Subsection 15(1) of the RSSR is amended to indicate that the information card provided to persons purchasing a restraint system or booster cushion must be “in both official languages.” This is in line with other similar products that are duly registered as complying with Canadian regulatory requirements already in place. Correcting this oversight does not affect any of the manufacturers of restraint systems and booster cushions currently represented in Canada.

In addition, the reference to subsection 3.3.2 of Test Methods 213, 213.1 and 213.3 and to subsection 3.3.3 of Test Method 213.5 in section 6 and subsection 8(1) of Schedule 3, in section 5 and in subsection 7(1) of Schedule 4, in section 5 of Schedule 6 and in section 5 and in subsection 7(1) of Schedule 7 to the Regulations is incorrect, as it must be to subsection 3.4.2 of the Test Methods in all cases.

The reference to subsection 3.6.2 of the Test Methods 213, 213.1, 213.3 and 213.5 is added to section 6 and subsection 8(1) of Schedule 3, section 5 and subsection 7(1) of Schedule 4, section 5 of Schedule 6 and section 5 and subsection 7(1) of Schedule 7 to correct an inconsistency and eliminate any potential confusion. Both subsections of the Test Methods (i.e., 3.4.2. and 3.6.2) refer to the position of an anthropomorphic test device when a dynamic test is performed using either the seat belt assembly or the lower universal anchorage system.

The reference to section 4 of Test Methods 213 and 213.1 in, respectively, subsection 9(2) of Schedule 3, subsection 7(3) of Schedule 4, subsection 10(1) of Schedule 6 and subsection 7(3) of Schedule 7 should rather have referred to subsection 3.3. The pre-test buckle release force measurement referred to in subsection 3.3 of Test Methods needs to be performed before the restraint system is tested dynamically. This measurement verifies that the release mechanism of the buckle is not too easy to activate by a child or infant. It differs from the buckle release force test referred to in section 4 of the Test Methods and which is performed after the dynamic test. This test verifies that the buckle still operates and releases safely after a crash.

The reference to subsection 9.1 of Test Method 213.3 in paragraph 8(1)(a) and subsection 8(3) of Schedule 6 are corrected to eliminate a procedure that is unrelated (i.e., conditioning procedure) to these provisions. In order to be relevant, paragraph 8(1)(a) and subsection 8(3) of Schedule 6 must refer to subsection 9.2 which relates to corrosion resistance.

The reference to subsection 9.2 of Test Method 213.3 in subsection 8(4) of Schedule 6 is corrected to refer to corrosion resistance rather than temperature resistance. In order to be relevant, subsection 8(4) of Schedule 6 must refer to subsection 9.3.

The format and certain portions of documents (i.e., the Ministerial Authorization) in Schedule 1 to the RSSR are also being updated. Some of the changes include, for example, reference to the name of the RSSR in addition to the name of the Motor Vehicle Safety Act are now included; the issue date is changed to 2000s instead of 1900s; and the Minister’s title is revised.

Consultation

The Regulations are not controversial in nature. They correct inconsistencies and clarify intent. No consultations have been carried out as most of the amendments are the result of SJCSR comments and do not bring substantive changes.

Contact

Éric Bergevin
Acting Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-2670
Fax: 613-990-2913
Email: bergeve@tc.gc.ca

Footnote a
S.C. 1993, c. 16

Footnote b
S.C. 1999, c. 33, s. 351

Footnote c
S.C. 1993, c. 16

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

Footnote 2
SOR/95-148

Footnote 3
SOR/98-159