Vol. 150, No. 26 — December 28, 2016

Registration

SOR/2016-318 December 16, 2016

MOTOR VEHICLE SAFETY ACT

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

P.C. 2016-1155 December 16, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 5(1) (see footnote a) and 11(1) (see footnote b) of the Motor Vehicle Safety Act (see footnote c), makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standards 207, 208, 209, 301.1, 301.2, 1106, 1201 and 1202).

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1 (1) The definition snowmobile cutter in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 1) is repealed.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7 Item 1202 of Schedule III to the Regulations is repealed.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 The subcolumn entitled “Snowmobile Cutter” in column III of Schedule III to the Regulations is repealed.

9 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.

10 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

11 Section 209 of Part III of Schedule IV to the Regulations is replaced by the following:

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) 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 in column 2.

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

(4) 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”.

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

(6) 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.

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

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

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

(10) A Type 1 or Type 2 seat belt assembly that includes a load-limiter and that does not meet the elongation requirements set out in 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.

12 (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.

13 (1) The description of T in subparagraph 301.2(2)(b)(ii) of Part IV of Schedule IV to the Regulations is replaced by the following:

T is the ambient temperature of the test gas in kelvins, and

(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 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) Paragraphs 301.2(4)(a) and (b) of Part IV of Schedule IV to the Regulations are replaced by the following:

(4) Subsection 301.2(5) of Part IV of Schedule IV to the Regulations is replaced by the following:

(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.

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

15 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, 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 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

16 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 term maximum rated engine speed in Test Method 1106 — Noise Emission Tests (August 2005) means the rotational speed of an engine in revolutions per minute (RPM) at which the maximum horsepower of the engine is attained.

Exterior Sound Level

2 Subject to section 5, every vehicle, other than a motorcycle or a vehicle referred to in section 4, shall be so constructed that

3 (1) Every motorcycle shall be so constructed that

(2) For the purposes of this section, the requirements of the ECE Regulations referred to in paragraphs (1)(a) and (b) respecting the type-approval process do not apply.

4 Subject to section 5, every multi-purpose passenger vehicle, truck or chassis-cab with a GVWR of more than 4 536 kg shall be constructed so that

5 (1) A vehicle referred to in sections 2 and 4 may be constructed so that

(2) For the purposes of this section, the requirements of the ECE Regulations referred to in subsection (1) respecting the type-approval process do not apply.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Standards 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity, incorporated by reference outdated testing standards, resulting in vehicle manufacturers testing vehicles using these outdated testing standards in order to comply with the regulatory requirements. Section 1106, Noise Emissions, contains the requirements related to noise emissions for various vehicle types. The previous version of the noise emissions requirements incorporated by reference testing procedures that were outdated and prevented new technologies from being implemented in the marketplace. Key industry stakeholders had requested that the outdated noise emissions provisions be replaced with updated testing standards that are appropriate for the new technologies now being brought to market by these stakeholders.

The previous snowmobile requirements incorporated by reference standards that were either out of date or were no longer in place, and have been replaced with new standards. Some requirements had also become obsolete.

The Motor Vehicle Safety Act (MVSA) was recently amended. Subsection 12(4) of the MVSA was repealed, which means that a section of the Motor Vehicle Safety Regulations (MVSR) that incorporates by reference a Technical Standards Document (TSD) is no longer required to specify the date on which the section expires. As a result, the expiry date was removed from section 209, Seat Belt Assemblies.

Objectives

This amendment updates several outdated testing standards so that stakeholders use more recent versions.

Description and rationale

This amendment updates Standards 1106, Noise Emissions, 1201, Snowmobile Standards, 301.1, LPG Fuel System Integrity, and 301.2, CNG Fuel System Integrity. These Standards incorporate by reference more recent testing standards.

Standard 1106, Noise Emissions, governs noise emissions of newly manufactured motor vehicles. The Canadian Vehicle Manufacturers’ Association (CVMA), representing FCA Canada Inc., Ford Motor Company of Canada Limited and General Motors of Canada Company, submitted a letter to the Department of Transport (the Department) on January 14, 2011. They stated that the Department should incorporate by reference the latest Society of Automotive Engineers (SAE) test standard, SAE J2805. SAE J2805 was developed in cooperation with the International Organization for Standardization (ISO) to be equivalent to its standard ISO 362-1. ISO 362-1 is also the technical basis for noise testing conducted in other markets. After assessing the SAE standard, the Department has decided to incorporate by reference the ISO standard directly into the MVSR, due to the fact that it is more up to date than SAE J2805. The incorporation by reference of ISO 362-1 provides manufacturers with a widely accepted method of testing, and one that provides a greater level of technology neutrality.

There are further updates in Standard 1106, Noise Emissions. The SAE legacy standard J986 is being phased out. The latest (R41.04) series of amendments to the UNECE Regulation No. 41, Uniform provisions concerning the approval of motor cycles with regard to noise, is incorporated by reference. As well, the most current R51.03 series of amendments to the UNECE Regulation No. 51, Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their noise emissions, is incorporated by reference.

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. The March 11, 2011, update by the SSCC of the Safety Standards for Snowmobile Product Certification and the accompanying supplement have been incorporated by reference in these amendments.

The MVSR amendments update the safety requirements by replacing the reference to the February 6, 2003, version of the SSCC standards and accompanying supplement with a reference to the March 11, 2011, version. 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 the regulatee by removing the ambiguity regarding which version of a standard applies for compliance purposes.

Section 1202, Snowmobile Cutters, has set out the regulatory requirements governing snowmobile cutters. A snowmobile cutter is a type of towed trailer used to transport people. Snowmobile cutters are no longer manufactured by the mainstream snowmobile makers. To the Department’s knowledge, there are no compliance concerns regarding these devices. In an effort to streamline the Regulations, section 1202 is repealed.

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. The MVSR no longer incorporate by reference National Standard of Canada CAN/CGA-12.2, Propane Fuel System Components for Use on Highway Vehicles, as this standard has been withdrawn.

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 includes a change in terminology and updates to the titles of certain standards incorporated by reference into the MVSR.

The amendment also includes minor changes to correct inconsistencies in Standards 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 these amendments, as there is no change in administrative costs to businesses.

Small business lens

The small business lens does not apply to these amendments, 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 proposed amendments were published in the Canada Gazette, Part I, on February 7, 2015, followed by a 75-day comment period. The Part I publication resulted in submissions from seven different stakeholders. Written submissions were received from the General Motors of Canada Company, Dr. Ing. h.c. F. Porsche AG, ISO, the Motorcycle and Moped Industry Council (MMIC), Ford Motor Company of Canada Limited, the CVMA and the Global Automakers of Canada. All submissions referred solely to CMVSS 1106.

The MMIC requested that section 3 of CMVSS 1106 allow the 04 series of amendments of the UNECE motorcycle noise Regulation No. 41 (R41.04), as an additional self-certification option. The Department has granted this request since this UNECE Regulation has become the main required means of obtaining type approval for new motorcycle designs in numerous countries around the world. Thus the Department has included R41.04 as a self-certification option for motorcycles.

The Department received several comments requesting that noise emissions testing in accordance with ISO 362-1:2015 be included in the Canadian regulation. ISO 362-1:2015 is the most recent version of ISO 362-1 at the time of writing. The Canada Gazette, Part I, publication had referenced ISO 362-1:2007, which was the most current version available when the Part I submission was prepared. The 2015 version of ISO 362-1 retains the technical testing principles of the 2007 version while adding important provisions for hybrid and electric vehicles, as well as for advanced driveline systems such as multispeed transmissions. There is obvious merit to providing self-certification opportunities for a wider range of advanced vehicle technologies, thus the Department has incorporated the 2015 version.

The Department received comments requesting clarification of the sound level limit wording “...when a value of 2 dB is subtracted from the highest average sound level recorded during the test...” in relation to ISO 362-1:2007. Notably, similar generic wording was also being used in the provisions referring to Test Method 1106, SAE Standard J1470, SAE Recommended Practice J986, Vol. 45, No. 252, Part 205, Chapter I, Title 40 of the United States Code of Federal Regulations, and 205.54-1, subpart B, part 205, Chapter I, Title 40 of the United States Code of Federal Regulations. The ISO 362-1 methodology results in multiple intermediate values which are then evaluated to reach a final value. In response to these comments, the Department has amended the applicable provisions to explicitly refer to the appropriate final values using the terminology found in the documents incorporated by reference.

There were several requests to use the latest (series 03) version of the UNECE vehicle noise Regulation No. 51 (R51.03). Since R51.03 incorporates the technical revisions of ISO 362-1:2015, the Department has also included R51.03 as an alternative means of compliance.

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 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 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

Roland Jonasch
Senior Regulatory Development Engineer
Motor Vehicle Safety
Transport Canada
330 Sparks Street, 11th Floor
Ottawa (Ontario)
K1A 0N5
Email: roland.jonasch@tc.gc.ca