Vol. 143, No. 4 — February 18, 2009

Registration

SOR/2009-32 February 5, 2009

MOTOR VEHICLE SAFETY ACT

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

P.C. 2009-166 February 5, 2009

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 subsection 11(1) of the Motor Vehicle Safety Act (see footnote b), 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. Subsection 10(1) of the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following:

10. (1) For each vehicle to which the national safety mark is applied or that is imported into Canada, 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.

2. (1) Paragraph 114(4)(b) of Schedule IV to the Regulations is replaced by the following:

(b) the general and particular specifications of an immobilizer that are set out in Part III of ECE Regulation No. 97, entitled Uniform Provisions Concerning the Approval of Vehicle Alarm Systems (VAS) and of Motor Vehicles with Regard to Their Alarm Systems (AS), as revised on August 8, 2007; or

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

(6) The requirements set out in Part III of ECE Regulation No. 97 are modified as follows:

MOTOR VEHICLE TIRE SAFETY REGULATIONS, 1995

3. 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 or that is imported into Canada, 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.

MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS

4. Subsection 14(1) of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 3) is replaced by the following:

14. (1) For each restraint system or booster cushion to which the national safety mark is applied or that is imported into Canada, 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 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.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act (Miscellaneous Program) (the Regulations) make certain non-substantive changes 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).

Description and rationale

As a result of comments received from the Standing Joint Committee for Scrutiny of the Regulations (SJCSR), the record keeping provisions in subsection 10(1) of the MVSR, subsection 11(1) of the MVTSR and subsection 14(1) of the RSSR were amended as published in the Canada Gazette, Part II on April 16, 2008. While those amendments reflected the requirement that companies are to maintain records for vehicles and equipment to which the national safety mark is applied, the provisions omitted to include vehicles and equipment that are imported. These Regulations correct this omission. It is clear from paragraph 5(1)(g) of the Motor Vehicle Safety Act that records are to be maintained in relation to any vehicle or equipment to which a national safety mark has been applied or that has been imported into Canada. These Regulations re-instate the requirement for imported vehicles.

The latest amendment to the portion of subsection 114(6) of Schedule IV to the Regulations before paragraph (a), published in the Canada Gazette, Part II on April 16, 2008, included incorrect references and other information that is not relevant. These Regulations correct this situation by replacing the erroneous reference to paragraph 114(2)(c) with a reference to the applicable requirements of Part III of ECE Regulation No. 97.

Consultation

As these Regulations result from recommendations made by the SJC and correct administrative errors, no consultations were carried out. These amendments have little or no effect on the day-to-day business of the industry.

Implementation, enforcement, and service standards

These Regulations not being substantive, no implementation plan and enforcement strategies have been developed.

Contact

Anthony Jaz
Senior Regulatory Development Officer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 17th floor
Ottawa, Ontario
K1A 0N5
Email: jaza@tc.gc.ca

Footnote a
S.C. 1993, c. 16

Footnote b
S.C. 1993, c. 16

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

Footnote 2
SOR/95-148

Footnote 3
SOR/98-159