Motor Vehicle Safety Regulations
C.R.C. 1978, c. 1038
As amended by: SOR/78-80; 78-257; 78-351; 78-525; 78-910; 79-115; 79- 262; 79-263; 79-291; 79-305; 79-306; 79-338; 79-339; 79-340; 79-374; 79-491; 79-547; 79-677; 79-696; 79-719; 79-907; 79-940; 80-158; 80-159; 80-160; 80-161; 80-282; 80-385; 80-439; 80-440; 80-441; 80-636; 80-637; 80-638; 80-639; 80-782; 81-88; 81-455; 81-665; 81-1033; 82-274; 82-275; 82-482; 82-569; 82-656; 82-753; 82-754; 82-918; 83-138; 83-176; 83-859; 84-336; 84-374; 84-688; 84-812; 86-682; 86-161; 86-298; 86-387; 86-453; 86-683; 86-975; 86-976; 86-977; 86-978; 86-979; 86-995; 87-154; 87-176; 87-334; 87-448; 87-450; 87-451; 87-497; 87-578; 87-658; 87-659; 87-660; 88-268; 88-535; 88-536; 89-279; 89-384; 89-481; 89-490; 90-387; 90-588; 90-805; 91-425; 92-122; 92-173; 93-5; 93-146; 93-274; 93-561; 94-291; 94-374; 94-669; 94-670; 94-692; 94-717; 95-60; 95-77; 95-147; 95-164; 95-494; 95-536; 96-89; 96-90; 96-360; 96-366; 96-437; 97-14; 97-141; 97-200; 97-201; 97-264; 97-376; 97-421; 97-447; 97-463; 97-532; 98-125; 98-160; 98-457; 98-524; 98-595; 99-112; 99-357; 99-426; 2000-44; 2000-182; 2000-241; 2000-304; 2000-402; 2001-35; 2001-36; 2001-60; 2001-116; 2001-117; 2001-152; 2001-255; 2001-353; 2001-486; 2002-55; 2002-187; 2002-205; 2002-248; 2003-2; 2003-57; 2003-189; 2003-272; 2003-294; 2003-359; 2004-89; 2004-250
Section 1 SHORT TITLE
1. These Regulations may be cited as the Motor Vehicle Safety Regulations.
Section 2 INTERPRETATION
2. (1) In these Regulations,
"accessory mass" means the total mass of the stock optional items with which a vehicle is capable of being equipped minus the total mass of the standard items that those optional items replace;
"Act" means the Motor Vehicle Safety Act;
"adjacent seat" means a designated seating position so located that a portion of its occupant space is not more than 25.4 cm from an emergency exit for a distance of at least 38.1 cm measured horizontally and parallel to the emergency exit;
"adjustment hardware" means hardware designed for adjusting the size of a seat belt assembly to fit the user, including such hardware as may be integral with a buckle, a retractor or attachment hardware;
"agricultural commodity trailer" Repealed. [SOR/99-357, s. 1]
"aiming reference plane" repealed. [SOR/96-366, s. 1]
"air bag" means an inflatable automatic occupant protection system that may be deployed when a collision occurs;
"air brake system" means a brake system that uses air as a medium for transmitting pressure or force from the driver control to the service brake, including an air-over-hydraulic brake subsystem, but does not include a system that uses compressed air or vacuum only to assist the driver in applying muscular force to hydraulic or mechanical components;
"all-terrain vehicle" means a wheeled or tracked vehicle, other than a snowmobile or work vehicle, designed primarily for recreational use or for the transportation of property or equipment exclusively on undeveloped road rights of way, marshland, open country or other unprepared surfaces;
"ambient temperature" means the surrounding air temperature measured at such a distance from a vehicle under test that the temperature is not significantly affected by heat from the vehicle;
"American specifications vehicle" repealed. [SOR/95-147, s. 1]
"ANS Z26" repealed. [SOR/94-717, s. 1]
"ANSI Z26 Safety Code - 1990" means the American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways - Safety Code, Standard ANSI/SAE Z26.1 - 1990, published November 1990 and reprinted February 1992.
"ANSI Z26 Safety Standard - 1996" means the American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways - Safety Standard, Standard ANSI/SAE Z26.1-1996, published on August 11, 1997.
"anthropomorphic test device" means, except in section 202 of Schedule IV, a representation of a human being used in the measurement of the conditions that a human being would experience in a vehicle when the vehicle is subjected to approved test methods;
"antilock brake system" or "ABS" means the portion of a service brake system that automatically controls the degree of rotational wheel slip during braking by
(a) sensing the rate of angular rotation of the wheels,
(b) transmitting signals regarding the rate of wheel angular rotation to one or more controlling devices that interpret those signals and generate responsive controlling output signals, and
(c) transmitting those controlling signals to one or more modulators that adjust brake actuating forces in response to those signals;
"antilock system" repealed. [SOR/97-200, s. 1]
"antique reproduction vehicle" means a vehicle that is designed to be a scaled reproduction of an antique vehicle and
(a) may contain contemporary design components,
(b) has a motor that produces 8 kW (10.73 bhp) or less,
(c) is intended for use exclusively in parades, exhibitions and demonstrations, and
(d) bears a label, permanently affixed in a conspicuous position, stating that the vehicle is not to be used for public transportation, but is intended for use in parades, exhibitions and demonstrations;
"antique vehicle" means a vehicle more than 30 years old that, when restored to a condition comparable to that on the date of its manufacture, retains the original components or incorporates replacement components with original design characteristics;
"approved" means approved by the Minister;
"armour" means, for the purposes of section 106, a protective material installed on a brake hose to increase the resistance of the hose or hose assembly to abrasion or impact damage;
"assembler" repealed. [SOR/95-147, s. 1]
"ASTM" means the American Society for Testing Materials;
"attachment hardware" means hardware designed for securing a seat belt assembly to the vehicle;
"automatic-locking retractor" means a retractor incorporating adjustment hardware that has a positive self-locking mechanism that is capable, when locked, of withstanding restraint forces;
"automatic occupant protection system" means a protective restraining system for an occupant of a vehicle that does not require any deliberate action on the part of the occupant to be activated where that occupant enters, occupies or leaves the vehicle;
"auto transporter" means a truck and a trailer designed for use in combination to transport motor vehicles where the truck is designed to carry cargo other than at the fifth wheel and that cargo is to be loaded only by means of the trailer;
"backup system" means a portion of a service brake system, such as a pump, that automatically supplies energy in the event of a primary brake power source failure;
"battery charging indicator" means a device showing whether the battery is being charged or discharged;
"battery charging tell-tale" means a signal that, when alight, indicates that the battery is not being charged;
"beam contributor" repealed. [SOR/96-366, s. 1]
"blister" means, for the purposes of section 116 of Schedule IV, a cavity or sac on the surface of a brake cup;
"body type" means the general configuration or shape of a vehicle distinguished by the number of doors or windows, cargo carrying features, the roofline (e.g., sedan, fastback, hatchback) or other characteristics;
"bonded construction sealed beam headlamp" repealed. [SOR/96-366, s. 1]
"booster cushion" repealed. [SOR/98-160, s. 1]
"brake fluid" means brake fluid for use in hydraulic brake systems, except hydraulic system mineral oil;
"brake hose" means a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes;
"brake hose assembly" means a brake hose, with or without armour, equipped with brake hose end fittings for use in a brake system, but does not include an air or vacuum assembly prepared by the owner or operator of a used vehicle, by his employee or by a repair facility, for installation in that used vehicle;
"brake hose end fitting" means a coupler, other than a clamp, designed to be attached to the end of a brake hose;
"brake power assist unit" means a device installed in a hydraulic brake system that reduces the amount of muscular force that a driver must apply to actuate the system, and that, if inoperative, does not prevent the driver from braking the vehicle by a continued application of muscular force on the service brake control;
"brake power unit" means a device installed in a brake system that provides the energy required to actuate the brakes, either directly or indirectly, through an auxiliary device, with driver action consisting only of modulating the energy application level;
"braking interval" means the distance measured from the point of initiation of one brake application to the point of initiation of the next brake application;
"buckle" means a quick-release connector that secures a person in a seat belt assembly;
"built-in booster cushion" means a device that is designed as an integral part of a vehicle seating system, for the purpose of seating a child in an elevated position on the vehicle seat in order to adapt an adult seat belt assembly of the motor vehicle to the child;
"built-in child restraint system" means a device, except a Type 1 or Type 2 seat belt assembly, that is designed to restrain a child and that is an integral part of a vehicle seating system;
"built-in dual-purpose restraint system" means a device that combines the function of a built-in child restraint system and a built-in booster cushion;
"bus" means a vehicle having a designated seating capacity of more than 10, but does not include a trailer or a vehicle imported temporarily for special purposes;
"bus trailer" means a vehicle having a designated seating capacity of more than 10 and designed primarily to be drawn behind another vehicle;
"C-dolly" means a trailer converter dolly that is equipped with a single axle that is self-steering and with a coupling that is so designed that when the trailer converter dolly is coupled to a towing trailer, the trailer converter dolly cannot pivot horizontally with respect to the towing trailer;
"cable reel trailer" means a vehicle designed to be drawn behind another vehicle for the exclusive purpose of carrying a drum or reel of cable;
"cargo-carrying capacity" means the mass that is equal to or less than the result obtained by subtracting from the gross vehicle weight rating the sum of
(a) the unloaded vehicle mass,
(b) the product obtained by multiplying the designated seating capacity by, in the case of a school bus, 55 kg or, in any other case, 70 kg, and
(c) in the case of a vehicle having living or sanitary accommodations, the mass of its fresh water, hot water and propane tanks, but not its waste water tanks, when full;
"chassis-cab" Repealed. [SOR/2002-55, s. 1]
"check digit" means a single number or the letter "X" used to verify the accuracy of the transcription of the vehicle identification number;
"child" means a person whose mass is between 9 kg (20 pounds) and 22 kg (48 pounds) inclusive;
"child restraint system" repealed. [SOR/98-160, s. 1]
"chipping" means, for the purposes of section 116 of Schedule IV, a condition in which small pieces are missing from the outer surface of a brake cup;
"CMVSS" is an abbreviation for Canada Motor Vehicle Safety Standard;
"competition car" Repealed. [SOR/2000-182, s. 1]
"competition motorcycle" Repealed. [SOR/2000-182, s. 1]
"competition snowmobile" Repealed. [SOR/2000-182, s. 1]
"competition vehicle" means a vehicle that is designed for use exclusively in closed-course competition and
(a) bears a label affixed by the manufacturer stating, in both official languages, that the vehicle is a competition vehicle and is for use exclusively in closed-course competition, or
(b) is accompanied by a signed declaration clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition;
"completed vehicle" means a vehicle that needs no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting;
"compliance label" means the label required to be applied to a completed vehicle under section 6 or 6.6;
"compressed natural gas" or "CNG" means natural gas, composed predominantly of methane, compressed at pressures up to 20 680 kPa (3,000 psi);
"contactable surface" repealed. [SOR/98-160, s. 1]
"control" means the part of a device that enables the driver to bring about a change in the state or functioning of a vehicle or vehicle component;
"convertible" means a vehicle that has an A-pillar or windshield peripheral support, the upper portion of which is not joined by a fixed rigid structure to the B-pillar or other rear roof support to the rear of the B-pillar;
"CSA" means the Canadian Standards Association;
"curb mass" means the mass of a vehicle with standard equipment and carrying its maximum capacity of fuel, oil and coolant and includes the mass of any air-conditioning equipment on the vehicle and the amount by which the mass of any optional engine with which the vehicle is equipped exceeds the mass of the standard engine;
"curb weight" means the weight of a vehicle with standard equipment and carrying its maximum capacity of fuel, oil and coolant and includes the weight of any air-conditioning equipment on the vehicle and the amount by which the weight of any optional engine with which the vehicle is equipped exceeds the weight of the standard engine;
"custom restraint system for disabled persons" repealed. [SOR/98-160, s. 1]
"cutaway chassis" means an incomplete vehicle that has the back of the cab cut out for the intended installation of a structure that permits access from the driver's area to the back of the vehicle;
"daytime running lamp" means, for the purposes of section 108 of Schedule IV, a lamp used to improve the visibility of a vehicle when the vehicle is viewed from the front in daylight;
"demountable rim" means a supporting member for a tire or tire and tube assembly, that does not have a permanently attached centre component;
"designated seating capacity" means the number of designated seating positions provided in a vehicle or, in the case of a motor home that has a GVWR greater than 4 536 kg, may, at the option of the manufacturer, mean the number of sleeping positions provided in the motor home;
"designated seating position" means any plan view position capable of accommodating a person at least as large as a 5th percentile adult female, as defined in section 100 of Schedule IV, where the overall seat configuration and design and the vehicle design are such that the position is likely to be used as a seating position while the vehicle is in motion, but does not include any plan view position of temporary or folding jump seats or other auxiliary seating accommodation;
"disc wheel" means a supporting member for a tire or tire and tube assembly, comprising a rim with a dish-shaped component that is permanently attached to the inner circumference of the rim;
"display" means an indicator, a tell-tale or an alphanumeric readout, or a collection of indicators, tell-tales and alphanumeric readouts, on the instrument panel of a vehicle;
"distributor" repealed. [SOR/95-147, s. 1]
"driver" means the occupant of a vehicle seated immediately behind the steering control system;
"driver-operated accelerator control system" means all components of a vehicle, except the fuel metering device, that regulate engine speed in direct response to movement of the driver-operated control and that return the throttle to the idle position upon release of the driver-operated control;
"ECE" means the United Nations Economic Commission for Europe, Inland Transport Committee;
"effective projected luminous lens area" repealed. [SOR/96-366, s. 1]
"emergency brake" means a mechanism designed to stop a vehicle after a failure of the service brake system;
"emergency-locking retractor" means a retractor incorporating adjustment hardware that has a locking mechanism that is activated by vehicle acceleration, webbing movement in relation to the vehicle or other automatic action during an emergency, and is capable, when locked, of withstanding restraint forces;
"enclosed motorcycle" means a motorcycle that
(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,
(b) is designed to travel on two wheels in contact with the ground,
(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and
(d) has a structure partially or fully enclosing the driver and passenger that is an integral part of the vehicle chassis;
"engine coolant temperature indicator" means a device that presents information concerning the temperature of the coolant;
"engine coolant temperature tell-tale" means a signal that, when alight, indicates that the temperature of the engine coolant is above the normal engine running temperature prescribed by the manufacturer;
"engine type" means a power source distinguished by the fuel utilized, number of cylinders, displacement, net brake horsepower or other characteristics;
"ERBP" means, for the purposes of section 116 of Schedule IV, equilibrium reflux boiling point;
"final-stage manufacturer" means a company that performs the manufacturing operations on an incomplete vehicle that turn the incomplete vehicle into a completed vehicle;
"flash" means a cycle of automatic activation and deactivation of a lamp that continues until stopped either automatically or manually;
"forward control configuration" means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length;
"free length" means, for the purposes of section 106, the linear measurement of brake hose in a straight position exposed between the brake hose end fittings of a brake hose assembly;
"fuel container" means one or more fuel containers with integral valving, pressure relief devices, tubing, hoses and mounting brackets;
"fuel level indicator" means a device that presents information concerning the amount of fuel in the tank;
"fuel level tell-tale" means a signal that, when alight, indicates that the fuel level is close to zero or that the vehicle is running on its fuel reserve;
"fuel metering device" means the carburetor, fuel injector, fuel distributor or fuel injection pump;
"fuel spillage" means the fall, flow or run of fuel from a vehicle but does not include wetness resulting from capillary action;
"fuel system" means all components used to store fuel or supply fuel to a vehicle engine;
"full trailer", for the purposes of Technical Standards Document No. 121, Air Brake Systems, means a trailer, except a pole trailer, that is equipped with two or more axles that support the entire weight of the trailer and its load;
"gasoline" Repealed. [SOR/2002-187, s. 1]
"glazing material manufacturer" means a person engaged in the business of fabricating, laminating or tempering glazing material.
"grade" means, for the purposes of section 116 of Schedule IV, a classification of brake fluid on the basis of its physical and chemical properties;
"gross axle weight rating" or "GAWR" means the value specified by the vehicle manufacturer as the load-carrying capacity of a single axle system, as measured at the tire-ground interfaces;
"gross vehicle weight rating" or "GVWR" means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle;
"H-point" means the mechanically hinged hip point of a manikin that simulates the actual pivot centre of the human torso and thigh, described in SAE Standard J826 APR80, Devices for Use in Defining and Measuring Vehicle Seating Accommodation;
"H-V axis" means the characteristic axis of the light pattern of a lamp, passing through the centre of the light source, used as the direction of reference (H = 0°, V = 0°) for photometric measurements and for the design of the installation of a lamp on a vehicle;
"hardware" means any metal or rigid plastic part designed to secure a person in a vehicle in conjunction with straps or webbing;
"headlamp" means, for the purposes of sections 108 and 108.1 of Schedule IV, a lamp used to illuminate the road and objects on the road ahead of the vehicle, but does not include a fog lamp or a supplementary driving lamp;
"headlamp assembly" means an assembly that consists of one or more headlamps, aiming devices, headlamp retaining components, electrical connectors and mounting brackets, and which may include a housing and one or more bulbs;
"heavy duty vehicle" Repealed. [SOR/2001-35, s. 1]
"heavy hauler trailer" means a trailer that has
(a) brake lines designed to adapt to separation or extension of the vehicle frame, or
(b) a body that consists of only a platform the primary cargo-carrying surface of which is not more than 101.6 cm (40 inches) above the ground in an unloaded condition, but may include sides that are designed for easy removal and a permanent front end structure;
"high-pressure portion of the fuel system" means, for a vehicle that uses LPG or CNG as a source of energy for its propulsion, all the components of the fuel system from and including the fuel container to, but not including, the first stage regulator;
"hub" means a rotating member that provides for mounting of disc wheels;
"hydraulic brake system" means a system that uses hydraulic fluid as a medium for transmitting force from a service brake control to the service brake, and that may incorporate a brake power assist unit or a brake power unit;
"hydraulic system mineral oil" means a mineral-oil-based fluid designed for use in motor vehicle brake systems in which none of the components contacting the fluid are SBR, EPDM, neoprene or natural rubber;
"idle position" means the position of the throttle at which it first comes in contact with an engine idle speed control appropriate for existing conditions according to the manufacturers' recommendations respecting engine speed adjustments for a cold engine, air conditioning, emission control and throttle setting devices;
"imported used vehicle" repealed. [SOR/92-173, s. 1]
"importer" repealed. [SOR/95-147, s. 1]
"incomplete trailer" means a vehicle, other than a vehicle imported temporarily for special purposes, that is capable of being drawn and that consists, at a minimum, of a chassis structure and suspension system but needs further manufacturing operations performed on it to become a completed vehicle;
"incomplete vehicle" means a vehicle
(a) other than a vehicle imported temporarily for special purposes, that is capable of being driven and that consists, at a minimum, of a chassis structure, power train, steering system, suspension system and braking system in the state in which those systems are to be part of the completed vehicle, but requires further manufacturing operations to become a completed vehicle, or
(b) that is an incomplete trailer;
"incomplete vehicle manufacturer" means a company that manufactures an incomplete vehicle by assembling components none of which, taken separately, constitutes an incomplete vehicle;
"indicator" means the part of an instrument that shows the quantity of the physical characteristic that the instrument is designed to sense;
"infant" means a person whose mass is less than 9 kg;
"infant restraint system" repealed. [SOR/98-160, s. 1]
"information label" means the label required to be applied to an incomplete vehicle under section 6.2 or 6.4;
"information readout display" repealed. [SOR/93-31, s. 1]
"initial brake temperature" Repealed. [SOR/99-357, s. 1]
"inspector" repealed. [SOR/95-147, s. 1]
"integral headlamp aiming device" repealed. [SOR/96-366, s. 1]
"intermediate manufacturer" means a company, other than an incomplete vehicle manufacturer or final-stage manufacturer, that performs manufacturing operations on an incomplete vehicle;
"IRHD" means International Rubber Hardness Degrees as referred to in ASTM D1415-1968, Standard Test Method of International Hardness of Vulcanized Natural and Synthetic Rubbers;
"leaded gasoline" means gasoline that contains more than
(a) 0.06 grams of lead per Imperial gallon (0.013 grams per litre), or
(b) 0.006 grams of phosphorous per Imperial gallon (0.0013 grams per litre);
"light duty vehicle" Repealed. [SOR/2001-35, s. 1]
"light source" Repealed. [SOR/96-366, s. 1]
"lightly loaded vehicle weight" Repealed. [SOR/99-357, s. 1]
"limited-speed motorcycle" means a motorcycle that
(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,
(b) has a maximum attainable 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,
(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and
(d) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest;
"line" means the name that a manufacturer applies to a family of vehicles within a make that have a degree of commonality of body, chassis, cab type or other features of construction;
"liquefied petroleum gas" or "LPG" means a hydrocarbon product that meets National Standard of Canada CAN/CGSB-3.14-M88, Liquefied Petroleum Gas (Propane) (August 1988).
"load divider dolly" means a trailer that consists of a trailer chassis and one or more axles, with no solid bed, body or container attached, and that is designed exclusively to support a portion of the load on a trailer or truck excluded from all the requirements of Technical Standards Document No. 121, Air Brake Systems;
"load limiter" means a seat belt assembly component or seat belt assembly feature that controls tension on a seat belt to modulate the forces that are imparted to an occupant restrained by the seat belt assembly during a collision;
"lower connector system" means a system consisting of two connectors that each fit inside a checking device that has the envelope dimensions shown in Figure 10 of Schedule 10 to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, are attached to the lower part of a restraint system or booster cushion in a manner that does not allow for their removal without the use of tools, and enable the restraint system or booster cushion to be securely attached to a lower universal anchorage system of a vehicle;
"lower universal anchorage system" means a device, other than a vehicle seat belt, that is designed to secure the lower part of a restraint system or booster cushion to a vehicle and that transfers loads from the restraint system or booster cushion and its occupant to the vehicle structure or seat;
"low-speed vehicle" means a vehicle, other than an all-terrain vehicle, a truck or a vehicle imported temporarily for special purposes, that
(a) is powered by an electric motor,
(b) produces no emissions,
(c) is designed to travel on four wheels and has an attainable speed in 1.6 km of more than 32 km/h but not more than 40 km/h on a paved level surface;
"make" means the name that a manufacturer applies to a group of vehicles;
"manual seat belt assembly" means, with respect to a Type 1 or Type 2 seat belt assembly, an assembly that requires a deliberate action on the part of the occupant of a vehicle to be activated;
"manufacturer" repealed. [SOR/95-147, s. 1]
"master lighting switch" means a switch with one or more operational positions that controls the tail lamps, parking lamp, licence plate lamp, side marker lamps and headlamps and may control identification lamps and clearance lamps;
"maximum load" means, for the purpose of section 110 of Schedule IV, the portion of the mass of a vehicle that
(a) is borne by each tire when
(i) the tire is installed on the vehicle, and
(ii) the vehicle is at its maximum loaded vehicle mass and is resting on a horizontal plane, and
(b) is calculated by distributing to each axle its share of the maximum loaded vehicle mass and dividing that share by two;
"maximum loaded vehicle mass" means, for the purpose of section 110 of Schedule IV, the sum of
(a) the curb mass,
(b) the accessory mass,
(c) the vehicle capacity mass, and
(d) the production options mass;
"minibike" repealed. [SOR/88-268, s. 1]
"Minister" means the Minister of Transport;
"mobile home" means a vehicle that is more than 102 inches in overall width and that is designed to be drawn behind another vehicle and to be used as a living or working accommodation unit;
"mobility-impaired occupant" means a person whose mass is 9 kg or more and who, for orthopaedic reasons or because of the person's size, build or other physical characteristics, is unable to use a child restraint system or a Type 1 or Type 2 seat belt;
"model" means the name that a manufacturer applies to a family of vehicles of the same class, make, line, series and body type;
"model year" means the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced, so long as the period of such production is less than two years;
"moped" repealed. [SOR/88-268, s. 1]
"motor driven cycle" repealed. [SOR/88-268, s. 1]
"motor home" means a multipurpose passenger vehicle that is designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following:
(a) cooking facilities,
(b) a refrigerator or ice box,
(c) a self-contained toilet,
(d) a heating or air-conditioning system that can function independently of the vehicle engine,
(e) a potable water supply system that includes a faucet and sink, and
(f) a separate 110- to 125-V electric power supply or an LP gas supply;
"motor tricycle" means a motorcycle, other than an antique reproduction vehicle, that
(a) is designed to travel on three wheels in contact with the ground,
(b) has seating on which all occupants must sit astride,
(c) has no more than four designated seating positions,
(d) has a GVWR of 1 000 kg or less; and
(e) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest;
"Motor Vehicle Safety Test Methods" repealed. [SOR/97-141, s. 1]
"Motor Vehicle Safety Test Methods, section 106, "Brake Hoses"" means the document entitled Motor Vehicle Safety Test Methods, section 106 - Brake Hoses (November 1, 1996);
"Motor Vehicle Safety Test Methods, section 116, "Hydraulic Brake Fluids"" means the document entitled Motor Vehicle Test Methods, section 116 - Hydraulic Brake Fluids (November 1, 1996);
"motorcycle" means a vehicle of the subclasses enclosed motorcycle, open motorcycle, limited-speed motorcycle and motor tricycle, that
(a) is designed to travel on not more than three wheels in contact with the ground,
(b) has a minimum wheel rim diameter of 250 mm, and
(c) has a minimum wheelbase of 1 016 mm,
but does not include a power-assisted bicycle, a restricted-use motorcycle, a low-speed vehicle, a passenger car, a truck, a multipurpose passenger vehicle, a competition vehicle, a vehicle imported temporarily for special purposes or a three-wheeled vehicle;
"multiple compartment lamp" repealed. [SOR/96-366, s. 1]
"multiple lamp arrangement" repealed. [SOR/96-366, s. 1]
"multipurpose passenger vehicle" means a vehicle having a designated seating capacity of 10 or less that is constructed either on a truck chassis or with special features for occasional off road operation, but does not include an air cushion vehicle, an all-terrain vehicle, a golf cart, a low-speed vehicle, a passenger car, a three-wheeled vehicle, a truck or a vehicle imported temporarily for special purposes;
"non-locking retractor" means a retractor that does not have a locking mechanism, from which the webbing can be extended to substantially its full length by a small external force, that provides no adjustment for assembly length and that need not be capable of sustaining restraint forces at maximum webbing extension;
"normal load" of a tire means, for the purpose of section 110 of Schedule IV, the portion of the mass of a vehicle that
(a) is borne by each tire when
(i) the tire is installed on the vehicle,
(ii) the vehicle is at a mass equal to the sum of the curb mass, the accessory mass and the normal occupants' mass and the vehicle is resting on a horizontal plane, and
(iii) the normal occupants' mass is distributed in the vehicle in accordance with Table I to section 110 of Schedule IV, and
(b) is calculated by
(i) distributing to each axle its share of the aggregate of the masses referred to in subparagraph (a)(ii), and
(ii) dividing that share by two;
"normal occupants' mass" means 70 kg multiplied by the number of occupants set out in column II of the table to section 110 of Schedule IV;
"occupant" means a person or manikin seated in a vehicle and unless otherwise specified means a person or manikin having the dimensions and weight of a 95th percentile adult male, as defined in section 100 of Schedule IV;
"occupant compartment air space" means the space within an occupant compartment that normally contains refreshable air;
"occupant distribution" means the distribution of occupants in a vehicle in a manner specified in Column III of Table I to section 110 of Schedule IV;
"occupant space" means the space directly above the seat and footwell, bounded vertically by the ceiling and horizontally by the normally positioned seat back and the nearest obstruction of occupant motion in the direction the seat faces;
"off-road motorcycle" repealed. [SOR/88-268, s. 1]
"oil pressure indicator" means a device that presents information concerning the pressure of the oil in the engine lubrication circuit;
"oil pressure tell-tale" means a signal that, when alight, indicates that the oil pressure in the engine lubrication circuit is below the normal operating limit prescribed by the manufacturer;
"on-highway vehicle" Repealed. [SOR/2004-250, s. 1]
"on-off-highway vehicle" Repealed. [SOR/2004-250, s. 1]
"open-body type vehicle" means a convertible vehicle that has no top over the occupants' compartment or that has over the occupants' compartment a top that can easily be installed or removed by the operator of the vehicle;
"open motorcycle" means a motorcycle that
(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,
(b) is designed to travel on two wheels in contact with the ground,
(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and
(d) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest;
"optically combined lamps" means, for the purposes of section 108 of Schedule IV, lamps that have
(a) two or more separate light sources or a single light source that operates in different ways,
(b) one lens totally or partly in common, and
(c) a common lamp body;
"optional item" means automatic transmission, power steering, power brakes, power windows, power seats, a radio or heater;
"overall width" means the nominal design dimension of the widest part of the vehicle with doors and windows closed and wheels in the straight ahead position, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions and mud flaps;
"parking brake" means a mechanism designed to prevent the movement of a stationary vehicle;
"parking mechanism" Repealed. [SOR/99-357, s. 1]
"passenger car" means a vehicle having a designated seating capacity of 10 or less, but does not include an all-terrain vehicle, a competition vehicle, a low-speed vehicle, a multipurpose passenger vehicle, an antique reproduction vehicle, a motorcycle, a truck, a trailer, a vehicle imported temporarily for special purposes or a three-wheeled vehicle;
"passive occupant protection" repealed. [SOR/93-5, s. 1]
"passive restraint system" repealed. [SOR/93-5, s. 1]
"pelvic restraint" means a seat belt assembly or portion thereof intended to restrain movement of the pelvis;
"permanently attached hose end fitting" means a brake hose end fitting that is
(a) permanently attached to a brake hose by deformation of the fitting about the hose by crimping or swaging, or
(b) attached to a brake hose by use of a sacrificial sleeve or ferrule that requires replacement each time a brake hose assembly is rebuilt;
"plant of manufacture" means the plant at which the manufacturer affixes the vehicle identification number;
"pole trailer" means a vehicle designed to be drawn behind another vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for the purpose of transporting poles, pipes, structural members or other long or irregularly shaped loads capable generally of sustaining themselves as beams between the supporting connections;
"power-assisted bicycle" means a vehicle that:
(a) has steering handlebars and is equipped with pedals,
(b) is designed to travel on not more than three wheels in contact with the ground,
(c) is capable of being propelled by muscular power,
(d) has one or more electric motors that have, singly or in combination, the following characteristics:
(i) it has a total continuous power output rating, measured at the shaft of each motor, of 500 W or less,
(ii) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,
(iii) if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and
(iv) it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground,
(e) bears a label that is permanently affixed by the manufacturer and appears in a conspicuous location stating, in both official languages, that the vehicle is a power-assisted bicycle as defined in this subsection, and
(f) has one of the following safety features,
(i) an enabling mechanism to turn the electric motor on and off that is separate from the accelerator controller and fitted in such a manner that it is operable by the driver, or
(ii) a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3 km/h.
"power-operated roof panel" means a panel, in the roof of a vehicle, that moves on slides or hinges, the opening or closing of which is operated by a power source within the vehicle;
"prescribed class" means a class of vehicle listed in Schedule III or the class of incomplete vehicle prescribed under subsection 4(1.1);
"prime glazing material manufacturer" Repealed. [SOR/2002-187, s. 1]
"production options mass" means the combined mass of all installed regular optional items with a mass of over 2.3 kg (5 pounds) in excess of the standard items that those optional items replace and that is not included in the curb mass or accessory mass, including heavy duty brakes, ride levellers, roof rack, heavy duty battery and special trim;
"production restraint system for disabled persons" repealed. [SOR/98-160, s. 1]
"pulpwood trailer" Repealed. [SOR/99-357, s. 1]
"push-out window" means a vehicle window designed to open outward to provide for emergency egress;
"recreational trailer" means a trailer designed to provide temporary living accommodation for travel, vacation or recreational use;
"readily removable window" means a window that can be quickly and completely removed from a vehicle without tools and, in the case of a bus having a GVWR of more than 4 535.9 kg (10,000 pounds), shall include a push-out window and a window mounted in an emergency exit that can be manually pushed out of its location in the vehicle without the use of tools, regardless of whether the window remains hinged at one side to the vehicle;
"replaceable bulb headlamp" repealed. [SOR/96-366, s. 1]
"restraint system" means a removable device designed to be installed in a vehicle for use in the restraint of an infant, a child or a mobility-impaired occupant but does not include booster cushions or vehicle seat belts;
"restraint system for disabled persons" repealed. [SOR/98-160, s. 1]
"restricted-use motorcycle" means a vehicle, excluding a power-assisted bicycle, a competition vehicle and a vehicle imported temporarily for special purposes, but including an all-terrain vehicle designed primarily for recreational use, that:
(a) has steering handlebars,
(b) is designed to travel on not more than four wheels in contact with the ground,
(c) does not have as an integral part of the vehicle a structure to enclose the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat back-rest, and
(d) bears a label, permanently affixed in a conspicuous location, stating, in both official languages, that the vehicle is a restricted-use motorcycle or an all-terrain vehicle and is not intended for use on public highways;
"retractor" means a device for storing part or all of the webbing in a seat belt assembly;
"rim base" means that portion of a rim remaining after removal of all split or continuous rim flanges, side rings, and locking rings that can be detached from the rim;
"rim diameter" means the nominal diameter of the bead seat;
"rim size designation" means the rim diameter and width;
"rim type designation" means the industry or manufacturer's designation for a rim by style or code;
"rim width" means the nominal distance between rim flanges;
"rupture" means, for the purposes of section 106, any failure that results in the separation of a brake hose from its brake hose end fitting or in leakage;
"SAE" means the Society of Automotive Engineers, Inc.;
"SAE Compatibility Fluid" means SAE RM-66-04 Compatibility Fluid as described in Appendix B of SAE Standard J1703, Motor Vehicle Brake Fluid, January 1995;
"school bus" means a bus designed or equipped primarily to carry students to and from school;
"scuffing" means, for the purposes of section 116 of Schedule IV, a visible erosion of a portion of the outer surface of a brake cup;
"sealed beam headlamp" means, for the purposes of sections 108 and 108.1 of Schedule IV, a headlamp comprising a reflector, a lens and one or more light sources, forming an integral whole which is indivisibly formed and cannot be dismantled without rendering the unit completely unusable;
"seat anchorage" means any component that transfers a vehicle seat load to the vehicle structure;
"seat back retainer" means the portion of a seat belt assembly designed to restrict forward movement of the seat back;
"seat belt anchorage" means any component, other than the webbing or straps, involved in transferring seat belt load to the vehicle structure, including the attachment hardware, seat frames, seat pedestals, the vehicle structure and any part of the vehicle the failure of which causes separation of the belt from the vehicle structure;
"seat belt assembly" means any strap, webbing or similar device designed to secure a person in a vehicle in order to mitigate the results of any accident and includes
(a) all necessary buckles and other fasteners and all hardware, and
(b) a belt assembly that is part of an automatic occupant protection system;
"seat orientation reference line (SORL)" means the horizontal line through point Z as illustrated in Figure 1 of sections 213, 213.1 and 213.3;
"seating reference point" means the unique Design H-point, as defined in section 2.2.11.1 of SAE Recommended Practice J1100 (June 1993), that
(a) establishes the rearmost normal design driving or riding position of each designated seating position, taking into account all modes of adjustment - horizontal, vertical and tilt - in a vehicle,
(b) has X, Y and Z coordinates, as defined in section 2.2.3 of SAE Recommended Practice J1100 (June 1993), established relative to the designed vehicle structure,
(c) simulates the position of the pivot centre of the human torso and thigh, and
(d) is the reference point employed to position the H-point template with the 95th percentile leg, as described in section 3.1 of SAE Standard J826 (June 1992), or, if that drafting template cannot be positioned, the reference point when the seat is in its rearmost adjustment position;
"series" means the name that a manufacturer applies to a subdivision of a line denoting the price, size or weight identification and that is utilized by the manufacturer for marketing purposes;
"service brake" means the primary mechanism designed to stop a vehicle;
"sloughing" means, for the purposes of section 116 of Schedule IV, such degradation of a brake cup, evidenced by the presence of carbon black loosely held on the brake cup surface, that a visible black streak is produced when the cup, with 500 ± 10 gram deadweight applied to it, is drawn base down over a sheet of white bond paper placed on a firm flat surface;
"snowmobile" means a vehicle, excluding a competition vehicle and a vehicle imported temporarily for special purposes, but including a snowmobile conversion vehicle, that has a mass of not more than 450 kg, is designed primarily for travel on snow, has one or more steering skis and is driven by means of an endless belt or belts in contact with the ground;
"snowmobile conversion vehicle" means a vehicle designed to be capable of conversion to a snowmobile by the repositioning or addition of parts;
"snowmobile cutter" means a sleigh designed to be drawn behind a snowmobile;
"snowmobile trailer" means a trailer designed primarily for the transportation of snowmobiles or snowmobile cutters;
"snub" means the braking deceleration of a vehicle from a higher reference speed to a lower reference speed that is greater than zero;
"special driver accommodation" includes a driver's seat that is designed to be removable or that has extended adjustment capability to allow a person to transfer from a wheelchair to the driver's seat;
"speed attainable in 1.6 km (1 mile)" means the speed attainable by accelerating at maximum rate from a standing start for 1.6 km on a level surface;
"speed attainable in 3.2 km (2 miles)" means the speed attainable by accelerating at maximum rate from a standing start for 3.2 km on a level surface;
"spike stop" means a stop resulting from the application of 889.6 N (200 pounds) of force on the service brake control in 0.08 second;
"split service brake system" means a brake system consisting of two or more subsystems actuated by a single control, designed so that a single failure in any subsystem (such as a leakage-type failure of a pressure component of a hydraulic subsystem, except for the structural failure of a housing that is common to two or more subsystems, or an electrical failure in an electrical subsystem) does not impair the operation of any other subsystem;
"spoke wheel" means a rotating member that provides for mounting and support of demountable rims;
"steering column" means the structural housing that surrounds a steering shaft;
"steering control system" means the basic steering mechanism and its associated trim hardware including any portion of a steering column assembly that provides energy absorption upon impact;
"steering shaft" means a component that transmits steering torque from the steering wheel to the steering gear;
"stickiness" means, for the purposes of section 116 of Schedule IV, a condition on the surface of a brake cup such that fibres will be pulled from a wad of U.S.P. absorbent cotton when the wad is drawn across the surface of the cup;
"stopping distance" means the distance travelled by a vehicle from the point at which force is applied to the brake control to the point at which the vehicle reaches a full stop;
"strap" means a narrow band of non-woven material used in a seat belt assembly in place of webbing;
"suspension spring" means a leaf, coil, torsion bar, rubber, air bag, and every other type of spring used in vehicular suspensions;
"tell-tale" means an optical signal that, when alight, indicates the actuation of a device, correct or defective functioning or condition, or failure to function;
"tether belt hook" Repealed. [SOR/98-457, s. 1]
"tether strap" means a device that is fitted with a tether strap hook and secured to the rigid structure of a restraint system and that transfers the load from that system to the user-ready tether anchorage;
"tether strap hook" means a device that has an interface profile shown in Figure 1 of section 210.1 of Schedule IV and is used to attach a tether strap to a user-ready tether anchorage;
"three-wheeled vehicle" means a vehicle, other than a competition vehicle, a low-speed vehicle, an antique reproduction vehicle, a motorcycle, a restricted-use motorcycle, a trailer or a vehicle imported temporarily for special purposes, that
(a) is designed to travel on three wheels in contact with the ground,
(b) has no more than four designated seating positions, and
(c) has a GVWR of 1 000 kg or less;
"throttle" means the component of the fuel metering device that
(a) connects to the driver-operated accelerator control system, and
(b) controls the engine speed;
"trailer" means a vehicle designed to carry or accommodate persons or property and to be drawn behind another vehicle, and includes a bus trailer, a pole trailer and a cable reel trailer, but does not include a mobile home, a trailer converter dolly or any earth-moving equipment, an implement of farm husbandry or a vehicle imported temporarily for special purposes;
"trailer converter dolly" means a conversion chassis that is equipped with one or more axles, a lower half of a fifth-wheel coupling and one or two drawbars, but does not include a vehicle imported temporarily for special purposes;
"transparent cover" repealed. [SOR/96-366, s. 1]
"truck" means a vehicle designed primarily for the transportation of property or special- purpose equipment, but does not include a competition vehicle, a crawler-mounted vehicle, a three-wheeled vehicle, a trailer, a work vehicle, a vehicle imported temporarily for special purposes or a vehicle designed for operation exclusively off-road;
"truck tractor" means a truck designed primarily for drawing other vehicles and not constructed for carrying any load other than a part of the weight of the vehicle and load drawn, and includes a vehicle designed to accept a fifth-wheel coupling but does not include a crane-equipped breakdown vehicle;
"Type 1", when used in relation to a seat belt assembly, means a pelvic restraint;
"Type 2", when used in relation to a seat belt assembly, means a combination pelvic and upper torso restraint;
"Type 2A", when used in relation to a seat belt assembly, means an upper torso restraint for use only in conjunction with a pelvic restraint to constitute a Type 2 seat belt assembly;
"type 1 headlamp" repealed. [SOR/91-692, s. 1]
"type 2 headlamp" repealed. [SOR/91-692, s. 1]
"unit magnification mirror" means a plane or flat mirror with a reflective surface through which the angular height and width of the image of an object is equal to the angular height and width of the object when viewed directly at the same distance except for flaws that do not exceed normal manufacturing tolerances and includes a prismatic day-night adjustment rearview mirror that provides unit magnification in one of its positions;
"unleaded gasoline" means gasoline that contains not more than
(a) 0.06 grams of lead per Imperial gallon (0.013 grams per litre), or
(b) 0.006 grams of phosphorous per Imperial gallon (0.0013 grams per litre);
"unloaded vehicle mass" means the mass of a vehicle equipped with the containers for the fluids necessary for the operation of the vehicle filled to their maximum capacity but without cargo or occupants;
"unloaded vehicle weight" means the weight of a vehicle equipped with the containers for the fluids necessary for the operation of the vehicle filled to their maximum capacity, but without cargo or occupants;
"upper torso restraint" means a portion of a seat belt assembly intended to restrain movement of the chest and shoulder regions;
"used vehicle" repealed. [SOR/91-425, s. 1]
"user-ready tether anchorage" means a device that transfers tether strap loads from a restraint system to the vehicle structure or a seat structure and is designed to accept directly a tether strap hook without requiring any other device to be installed to accept the tether strap hook;
"vacuum tubing connector" means, for the purposes of section 106, a flexible conduit that
(a) connects metal or rigid plastic tubing to metal or rigid plastic tubing for use in a vacuum brake system,
(b) is attached without brake hose end fittings, and
(c) when installed, has an unsupported length less than the total length of those portions that cover the metal or rigid plastic tubing in a brake system;
"variable brake proportioning system" means a system that has one or more proportioning devices that automatically change the brake pressure ratio between any two or more wheels to compensate for changes in wheel loading resulting from static load changes or dynamic weight transfer, or from deceleration;
"variable proportioning brake system" repealed. [SOR/97-200, s. 1]
"vehicle" repealed. [SOR/95-536, s. 7]
"vehicle capacity mass" means the cargo-carrying capacity plus the product obtained by multiplying the designated seating capacity by 70 kg;
"vehicle fuel tank capacity" means
(a) the volume of fuel left at the bottom of the tank when the fuel pump of the vehicle can no longer draw fuel from the tank
plus
(b) the volume of fuel that can be pumped into the tank through the filler pipe when the vehicle is on a level surface and the volume of fuel referred to in paragraph (a) is already in the tank,
except that the volume of fuel referred to in paragraph (b) does not include any volume of fuel that can be pumped into the fuel tank filler neck or into the space above the fuel tank filler neck;
"vehicle identification number" means a number consisting of arabic numerals, roman letters, or both that the manufacturer assigns to the vehicle for identification purposes;
"vehicle imported temporarily for special purposes" means a vehicle imported into Canada for a period not longer than one year solely for the purpose of
(a) undergoing further manufacturing prior to export, or
(b) conducting works or operations that require a specially designed vehicle for entertainment industry productions, civil engineering projects or similar works or operations;
"vehicle manufactured for operation by persons with disabilities" means a vehicle that incorporates
(a) a level change device, such as a wheelchair lift or a ramp, for onloading or offloading an occupant in a wheelchair,
(b) an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the level change device and the driver's position or to occupy that position, and
(c) a driver's seating position that is equipped with an adaptive control or special driver accommodation to enable persons who have limited use of their arms or legs to operate a vehicle;
"walk-in van" means a van type of truck in which a person having a height of 1 700 mm can enter the occupant compartment in an upright position by a front door;
"weather side" means the surface area of a rim not covered by the inflated tire;
"webbing" means a narrow band of fabric woven with continuous filling yarns and finished selvages;
"wet ERBP" means the equilibrium reflux boiling point of the brake fluid after it has been humidified under controlled conditions;
"work vehicle" means a vehicle designed primarily for the performance of work in the construction of works of civil engineering and in maintenance, that is not constructed on a truck-chassis or truck-type chassis, but does not include a tractor or any vehicle designed primarily to be drawn behind another vehicle.
(2) In the case of any bench or split-bench seat having more than 1 270 mm of hip room, as measured in accordance with sections 5.1.32, 5.2.31 and 5.4.26 of SAE Recommended Practice J1100 (June 1993), in a passenger car, truck or multipurpose passenger vehicle having a GVWR of less than 4 536 kg, the seat shall be deemed to contain not less than three designated seating positions, unless the seat design or vehicle design is such that the centre position is not capable of being used as a seating position.
[SOR/78-257, s. 1; 78-351, s. 1; 78-525, s. 1; 79-306, s. 1; 79-339, s. 1; 79-340, s. 1; 79-374, s. 1; 79-677, s. 1; 79-719, s. 1; 79-940, s. 1; 80-161, s. 1; 80-282, s. 1; 80-439, s. 1; 80-440, s. 1;80-636, s. 1; 80-638, s. 1; 80-782, s. 1; 81-88, s. 1; 81-1033, s. 1; 82-569, s. 1; 82-656, s. 1; 82-753, s. 1; 82-754, s. 1; 83-176, s. 1; 83-859, s. 1; 84-374, s. 1; 84-812, s. 1; 86-161, s. 1; 86-683, s. 1; 86-976, s. 1; 86-977, s. 1; 87-154, s. 1; 87-497, s. 1; 87-578, s. 1; 87-660, s. 1; 88-268, s. 1; 89-384, s. 1; 90-588, s. 1; 90-805, s. 1; 91-425, s. 1; 91-692, s. 1; 92-173, s. 1; 92-250, s. 1; 92-545, s. 1; 93-5, s. 1; 93-31, s. 1; 93-146, s. 1; 93-561, s. 1; 94-291, s. 1; 94-669, s. 1; 94-717, s. 1; 95-147, s. 1; 95-164, s. 1; 95-536, s. 7; 96-366, s. 1; 97-141, s. 1; 97-200, s. 1; 97-201, s. 1; 97-421, ss. 1, 17; 97-447, s. 1; 98-160, s. 1; 98-125, s. 1; 98-457, s. 1; 99-357, s. 1; 2000-182, s. 1; 2000-304, s. 1; 2001-35, s. 1; 2001-117, s. 1; 2001-152, s. 1; 2002-55, s. 1; 2002-187, s. 1; 2002-205, s. 1; 2003-272, s. 1; 2004-250, s. 1]
Section 2.1
2.1 Where, in the application to a vehicle of a portion of a section of these Regulations or a portion of a provision of a technical standards document, either the metric or the imperial system of measurement is used, the same system of measurement shall be used in the application to the vehicle of any other portion of the section or provision.
[SOR/79-263, s. 1; 82-482, s. 1; 96-366, s. 2]
Section 2.2
2.2 For the purpose of determining the number of wheels on a vehicle, two wheels are considered to be one wheel if they are mounted on the same axle and the distance between the centres of their areas of contact with the ground is less than 460 mm.
[SOR/2003-272, s. 2]
Section 3 NATIONAL SAFETY MARKS
3. Any company that intends to apply a national safety mark to a vehicle shall apply to the Minister to obtain an authorization in the form set out in Schedule II.
[SOR/79-491, s. 1; 82-482, s. 2; 95-147, s. 2]
Section 4 PRESCRIBED CLASSES OF VEHICLES
4. (1) The classes of vehicles set out in Schedule III are prescribed as classes of vehicles in respect of which these Regulations apply.
(1.1) An incomplete vehicle is prescribed as a class of vehicle in respect of which these Regulations apply.
(2) The prescribed classes referred to in subsections (1) and (1.1) do not include a vehicle that was manufactured 15 years or more before the date of its importation into Canada, except for a bus.
[SOR/82-482, s. 3; 88-268, s. 2; 95-147, s. 2; 2002-55, s. 2]
Section 5 SAFETY AND EMISSION REQUIREMENTS
5. (1) Each requirement set out in Schedules IV to VI is prescribed as a Canada Motor Vehicle Safety Standard for vehicles of prescribed classes.
(2) Subject to subsection (2.1), every vehicle of a prescribed class that is a completed vehicle shall conform to
(a) each standard referred to by number in column I of Schedule III, opposite which there is set out the letter "X" in the sub-column designating that class or subclass of vehicle; and
(b) Repealed. [SOR/2003-2, s. 46]
(2.1) Repealed. [SOR/2003-2, s. 46]
(3) Every incomplete vehicle shall conform to each standard set out in Schedules IV, V.1 and VI for completed vehicles to the extent that the standard governs the components that are fitted on the incomplete vehicle.
[SOR/95-147, s. 2; 97-376, ss. 1, 2; 2002-55, s. 3; 2003-2, s. 46; 2003-272, s. 3]
Section 5.1 INTERPROVINCIAL SHIPMENTS
5.1 (1) Notwithstanding section 4 of the Act, a manufacturer may ship from one province to another, or deliver to any person for the purpose of so shipping, a vehicle of a prescribed class manufactured in Canada that does not bear the national safety mark if
(a) the manufacturer files with the Minister a declaration, signed by that person or that person's duly authorized representative, setting out the information referred to in subsection (2);
(b) the vehicle is being shipped or delivered for the purpose of exhibition, demonstration, evaluation or testing; and
(c) the vehicle is destroyed or returned to the province of origin within one year.
(2) A declaration made pursuant to subsection (1) shall set out the following information:
(a) the name and address of the manufacturer of the vehicle;
(b) the month and year the vehicle was manufactured;
(c) the class, make, model and vehicle identification number of the vehicle;
(d) the use to be made of the vehicle;
(e) the estimated period of time the vehicle will be used on public roads;
(f) whether the vehicle will be destroyed or returned to the province of origin after completion of the purpose for which it was shipped or delivered; and
(g) the date the vehicle will be destroyed or returned to the province of origin.
(3) The declarations made in accordance with subsection (2)
(a) shall be filed prior to shipping or delivering the vehicle; or
(b) in the case of a company whose world production of vehicles is 2,500 or more a year, may be filed with the Minister quarterly.
[SOR/95-494, s. 1]
Section 5.2 GROSS VEHICLE WEIGHT RATING
5.2 The gross vehicle weight rating of a vehicle shall be not less than the sum of
(a) the unloaded vehicle mass,
(b) the cargo-carrying capacity,
(c) the product obtained by multiplying the designated seating capacity by 55 kg in the case of a school bus, or by 70 kg in any other case, and
(d) in the case of a vehicle having living or sanitary accommodations, the mass of its fresh water, hot water and propane tanks, but not its waste water tanks, when full.
[SOR/98-125, s. 2]
Section 6 COMPLIANCE LABEL
6. (1) Subject to subsections (1.1) and 6.6(1), a company that manufactures a vehicle of a prescribed class that is a completed vehicle and that meets the requirements of these Regulations shall ensure that the vehicle, unless it is a vehicle imported temporarily for special purposes, bears a compliance label displaying at least
(a) the name of the manufacturer of the completed vehicle;
(b) the month and year the manufacture of the completed vehicle was complete;
(c) a drawing at least 13 mm in diameter depicting the national safety mark, as set out in Schedule I, and showing in its centre, in figures at least 2 mm in height, the authorization number assigned by the Minister to the company pursuant to section 3;
(d) the vehicle identification number;
(e) in the case of a passenger car, multipurpose passenger vehicle, low-speed vehicle, three-wheeled vehicle, truck, bus, trailer, trailer converter dolly or motorcycle,
(i) the gross vehicle weight rating, expressed in kilograms, clearly identified by the words "Gross Vehicle Weight Rating" and "Poids nominal brut du véhicule" or the abbreviations "GVWR" and "PNBV", and
(ii) the gross axle weight rating, expressed in kilograms, for each axle of the vehicle listed in order from front to rear and clearly identified by the words "Gross Axle Weight Ratings" and "Poids nominal brut sur l'essieu" or the abbreviations "GAWR" and "PNBE", unless the information is set out in the placard referred to in section 110 of Schedule IV or the label referred to in section 120 of Schedule IV;
(f) the type of vehicle, in both official languages, or the word "TYPE" along with one of the following abbreviations, namely,
(i) "AMB" to refer to an ambulance,
(i.1) "AT/PA" to refer to an auto transporter,
(ii) "ATV/VTT" to refer to an all-terrain vehicle,
(iii) "B/A" to refer to a bus,
(iv) "BT/RA" to refer to a bus trailer,
(v) "CD/CCC" to refer to a C-dolly,
(vi) "EMC/MCH" to refer to an enclosed motorcycle,
(vii) "HHT/RL" to refer to a heavy hauler trailer,
(viii) "LSM/MVL" to refer to a limited-speed motorcycle,
(ix) "LDD/CRC" to refer to a load divider dolly,
(ix.1) "LSV/VBV" to refer to a low-speed vehicle,
(x) "MH/AC" to refer to a motor home,
(xi) "MC" to refer to an open motorcycle,
(xii) "MPV/VTUM" to refer to a multipurpose passenger vehicle,
(xiii) "PC/VT" to refer to a passenger car,
(xiv) "RUM/MUR" to refer to a restricted-use motorcycle,
(xv) "SB/AS" to refer to a school bus,
(xvi) "TRA/REM" to refer to a trailer,
(xvii) "TCD/CDC" to refer to a trailer converter dolly,
(xviii) "TRI" to refer to a motor tricycle,
(xix) "TRU/CAM" to refer to a truck,
(xx) "TT/CT" to refer to a truck tractor, and
(xxi) "TWV/VTR" to refer to a three-wheeled vehicle;
(g) in the case of a C-dolly, the mounting height, expressed in both official languages, of the coupling when the C-dolly is not loaded; and
(h) in the case of a trailer that is designed to tow a C-dolly, the mounting height, expressed in both official languages, of the coupling when the trailer is not loaded;
(i) Repealed. [SOR/2002-55, s. 4]
(1.1) If an incomplete vehicle manufacturer or an intermediate manufacturer assumes legal responsibility for the completed vehicle's conformity to the requirements of these Regulations, the incomplete vehicle manufacturer or the intermediate manufacturer, as the case may be, shall ensure that a compliance label is applied to the completed vehicle in accordance with this section, except that
(a) the name of the incomplete vehicle manufacturer or the intermediate manufacturer, as the case may be, shall appear on the compliance label instead of the name of the manufacturer referred to in paragraph (1)(a); and
(b) the date of manufacture of the completed vehicle may be no earlier than the date on which manufacturing operations on the vehicle are completed by the incomplete vehicle manufacturer and no later than the date on which manufacturing operations on the vehicle are completed by the final-stage manufacturer.
(1.2) If an incomplete vehicle manufacturer assumes legal responsibility for the completed vehicle's conformity to the requirements of these Regulations, the provisions related to vehicles manufactured in stages set out in sections 6.1 to 6.6 do not apply.
(1.3) If an intermediate manufacturer assumes legal responsibility for the completed vehicle's conformity to the requirements of these Regulations, the provisions related to vehicles manufactured in stages set out in sections 6.3 to 6.6 do not apply.
(2) The drawing referred to in paragraph (1)(c)
(a) may be displayed on a label applied to the vehicle beside the compliance label; or
(b) in the case of an imported vehicle, may be replaced by the following statement indicating that the vehicle conforms to the applicable standards prescribed under these Regulations at the time the main assembly of the vehicle was completed:
"THIS VEHICLE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED UNDER THE CANADIAN MOTOR VEHICLE SAFETY REGULATIONS IN EFFECT ON THE DATE OF MANUFACTURE / CE VÉHICULE EST CONFORME A TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LA SÉCURITÉ DES VÉHICULES AUTOMOBILES DU CANADA EN VIGUEUR A LA DATE DE SA FABRICATION".
(3) The compliance label shall be applied
(a) in the case of a bus, multipurpose passenger vehicle, three-wheeled vehicle, passenger car, truck or low-speed vehicle,
(i) to the hinge pillar, door latch post or the door edge that meets the door latch post next to the driver's seating position,
(ii) to the left side of the instrument panel or the inward-facing surface of the door next to the driver's seating position, where it is impracticable to apply the label in accordance with subparagraph (i), or
(iii) to a conspicuous and readily accessible location, where it is impracticable to apply the label in accordance with subparagraph (i) or (ii);
(b) in the case of a trailer, to the forward half of the left side of the trailer so that it is easily readable from outside the trailer without moving any part of the trailer;
(c) in the case of a motorcycle or a restricted-use motorcycle, to a permanent part of the motorcycle as close as is practicable to the intersection of the steering post and the handlebars so that it is easily readable without moving any part of the motorcycle except the steering system; or
(d) in the case of a snowmobile or a snowmobile cutter, to the rear half of the right side of the vehicle so that it is easily readable from outside the vehicle without moving any part of the vehicle.
(4) - (7) Repealed. [SOR/2002-55, s. 4]
(8) In the case of a multipurpose passenger vehicle or bus manufactured from a cutaway chassis, a motor home or a recreational trailer, the compliance label shall display the following information in both official languages:
(a) the cargo-carrying capacity of the vehicle, expressed in kilograms;
(b) the designated seating capacity, except in the case of a recreational trailer;
(c) in the case of a motor home, the total mass of the occupants, expressed in kilograms, that is obtained by multiplying the designated seating capacity by 70 kg; and
(d) in the case of a motor home or a recreational trailer,
(i) the mass of the fresh water, hot water and waste water tanks, expressed in kilograms, when full, and
(ii) a statement that the displayed cargo-carrying capacity is determined with the fresh water and hot water tanks full and the waste water tanks empty.
(8.1) The information referred to in subsection (8) may be displayed on a separate label applied to the vehicle beside the compliance label or in a conspicuous or readily accessible location.
(9) In the case of a limited-speed motorcycle and a low-speed vehicle, a statement in both official languages that the use of the vehicle may be restricted by provincial authorities to certain roads shall appear on the compliance label or on a separate label permanently applied to the vehicle in a conspicuous location.
(10) Repealed. [SOR/2000-182, s. 2]
(11) In the case of a model of vehicle in respect of which the Governor in Council has made an exemption order pursuant to section 9 of the Act, the compliance label or information label applied to the vehicle, as the case may be, shall also specify, in both official languages,
(a) the number and title of the standard in respect of which the exemption has been granted; and
(b) the short title of the exemption order.
(12) Repealed. [SOR/2000-182, s. 2]
(13) Repealed. [SOR/2000-182, s. 2]
[SOR/79-940, s. 2; 81-455, s. 1; 82-482, s. 4; 87-660, s. 2; 88-268, s. 3; 91-528, s. 1; 93-146, s. 2; 95-147, s. 2; 98-125, s. 3; 2000-182, s. 2; 2000-304, s. 2; 2002-55, ss. 4, 21; 2003-272, s. 4; 2004-250, s. 2]
Section 6.1 Incomplete Vehicle Manufacturer's Document
6.1 (1) An incomplete vehicle manufacturer shall, at or before the time of delivery of an incomplete vehicle, provide to the intermediate manufacturer, the final-stage manufacturer or other purchaser, as the case may be, an incomplete vehicle document that contains the following information:
(a) the name and mailing address of the incomplete vehicle manufacturer;
(b) the month and year the incomplete vehicle manufacturer performed its last manufacturing operation on the incomplete vehicle;
(c) the vehicle identification number;
(d) the GVWR, expressed in kilograms, intended for the vehicle when it is a completed vehicle;
(e) the GAWR, expressed in kilograms, intended for each axle of the vehicle when it is a completed vehicle, listed in order from front to rear, except that the GAWR for consecutive axles that have identical GAWRs when equipped with tires that have the same designated tire size may be stated once followed by the words "each" and "chacun";
(f) a list of the types of vehicles referred to in paragraph 6(1)(f) into which the incomplete vehicle is designed to be manufactured; and
(g) the numbers of the prescribed standards that apply, at the date specified in paragraph (b), in respect of each type of vehicle listed, followed in each case by one or more of the following statements, as applicable:
(i) a statement that the completed vehicle will conform to the standard if no alterations are made to the components of the incomplete vehicle that are identified by the incomplete vehicle manufacturer (for example, CMVSS 104 - This vehicle, when completed, will conform to Standard 104, Windshield Wiping and Washing System, if no alterations are made to the windshield or the windshield wiping and washing system),
(ii) a statement that the completed vehicle will conform to the standard if the vehicle is manufactured in accordance with the conditions specified by the incomplete vehicle manufacturer (for example, CMVSS 121 - This vehicle, when completed, will conform to Standard 121, Air Brake Systems, if it does not exceed any of the GAWRs, if the centre of gravity at GVWR is not higher than 2.75 m above the ground and if no alterations are made in any brake system component), and
(iii) a statement that conformity to the standard cannot be determined based upon the components that are fitted on the incomplete vehicle and that the incomplete vehicle manufacturer makes no representation as to conformity with the standard.
(2) The document shall be kept in a weather-resistant container that is attached to the vehicle in a conspicuous and readily accessible location, or it may be sent directly to an intermediate manufacturer, a final-stage manufacturer or other purchaser, as the case may be.
[SOR/2002-55, s. 5]
Section 6.2 Incomplete Vehicle Manufacturer's Information Label
6.2 (1) Every incomplete vehicle manufacturer shall apply to every incomplete vehicle it manufactures an information label that displays the following:
(a) a statement, in both official languages, that the vehicle is an incomplete vehicle;
(b) the name of the incomplete vehicle manufacturer;
(c) the month and year the incomplete vehicle manufacturer performed its last manufacturing operation on the incomplete vehicle;
(d) the vehicle identification number;
(e) the GVWR intended for the vehicle when it is a completed vehicle, expressed in kilograms, clearly identified by the words "Gross Vehicle Weight Rating" and "Poids nominal brut du véhicule" or the abbreviations "GVWR" and "PNBV";
(f) the GAWR, expressed in kilograms, intended for each axle of the vehicle when it is a completed vehicle, listed in order from front to rear and clearly identified by the words "Gross Axle Weight Ratings" and "Poids nominal brut sur l'essieu" or the abbreviations "GAWR" and "PNBE", except that
(i) the GAWR for consecutive axles that have identical GAWRs when equipped with tires that have the same designated tire size may be stated once followed by the words "each" and "chacun", and
(ii) the information need not appear on the label if it is set out on the placard referred to in subsection 110(5) of Schedule IV or on the label referred to in subsection 120(12) of Schedule IV.
(g) in the case of a vehicle manufactured in Canada for sale in Canada, a drawing of at least 20 mm in diameter depicting the national safety mark set out in Schedule I and showing in its centre, in figures of at least 2 mm in height, the authorization number assigned by the Minister to the company under section 3.
(2) Subject to subsection (3), the information label shall be applied
(a) to the hinge pillar, door latch post or the door edge that meets the door latch post next to the driver's seating position;
(b) to the left side of the instrument panel or the inward-facing surface of the door next to the driver's seating position, if it is impracticable to apply the label in accordance with paragraph (a); or
(c) to a conspicuous and readily accessible location, if it is impracticable to apply the label in accordance with paragraph (a) or (b) or if the vehicle does not have the components described in paragraph (a) or (b).
(3) In the case of a stripped or cowl chassis, the information label may be applied to a conspicuous and readily accessible location on the steering column.
(4) The drawing referred to in paragraph (1)(g) may be displayed on a label applied to the vehicle beside the incomplete vehicle manufacturer's information label.
[SOR/2002-55, s. 5]
Section 6.3 Intermediate Manufacturer's Document
6.3 (1) Every intermediate manufacturer of an incomplete vehicle shall, at or before the time of delivery of the incomplete vehicle to the subsequent manufacturer, provide to the subsequent manufacturer, in the manner specified in subsection 6.1(2), the incomplete vehicle document that was provided by the previous manufacturer.
(2) An intermediate manufacturer shall, before complying with subsection (1), make an addendum to the incomplete vehicle document that contains the following information:
(a) its name and mailing address;
(b) a clear and precise description of all the changes it has made to the incomplete vehicle; and
(c) if any of the changes affect the validity of a statement made by the incomplete vehicle manufacturer in accordance with paragraph 6.1(1)(g), an indication of the amendments that must be made to those statements to reflect the changes made by the intermediate manufacturer.
[SOR/2002-55, s. 5]
Section 6.4 Intermediate Manufacturer's Information Label
6.4 (1) Subject to subsection (3), an intermediate manufacturer shall apply to every incomplete vehicle, beside the information label of the previous manufacturer, an information label that displays the following information:
(a) a statement, in both official languages, that the vehicle is an incomplete vehicle;
(b) the name of the intermediate manufacturer;
(c) a statement, in both official languages, that the company is an intermediate manufacturer;
(d) the month and year in which the intermediate manufacturer performed its last manufacturing operation on the incomplete vehicle; and
(e) in the case of a vehicle manufactured in Canada for sale in Canada, a drawing of at least 20 mm in diameter depicting the national safety mark set out in Schedule I and showing in its centre, in figures of at least 2 mm in height, the authorization number assigned by the Minister to the company under section 3.
(2) The drawing referred to in paragraph (1)(e) may be displayed on a label applied to the vehicle beside the intermediate manufacturer's information label.
(3) If the information label applied to an incomplete vehicle by the previous manufacturer is not in a location described in paragraph 6.2(2)(a) or (b),
(a) the information label shall be applied in a location specified in paragraph 6.2(2)(a) or (b), or in a conspicuous and readily accessible location if it is impracticable to conform to paragraph 6.2(2)(a) or (b); and
(b) subject to subsection (4), the information label shall display the GVWR and GAWRs set out on the label applied by the previous manufacturer.
(4) If an intermediate manufacturer increases the GVWR or the GAWRs above those referred to in paragraphs 6.1(1)(d) and (e), the intermediate manufacturer shall ensure that the new ratings are displayed on that intermediate manufacturer's information label and
(a) are increased in accordance with the written recommendations of the incomplete vehicle manufacturer or, if applicable, of another previous manufacturer; or
(b) are within the load-carrying capacity of the vehicle's components when the vehicle is loaded for its intended use as a completed vehicle.
[SOR/2002-55, s. 5]
Section 6.5 Final-stage Manufacturer's Document
6.5 (1) A final-stage manufacturer shall make an addendum to the incomplete vehicle document that contains the following information:
(a) its name and mailing address; and
(b) a clear and precise description of all the changes that it has made to the incomplete vehicle.
(2) The final-stage manufacturer shall retain and make available to the Minister, on request, the incomplete vehicle documentation referred to in subsection (1) and sections 6.1 and 6.3, for a period of no less than five years after the date manufacturing operations on the vehicle are completed by the final-stage manufacturer.
[SOR/2002-55, s. 5]
Section 6.6 Final-stage Manufacturer's Compliance Label
6.6 (1) Every final-stage manufacturer shall choose a date of manufacture for a completed vehicle that may be no earlier than the date specified by the incomplete vehicle manufacturer on its information label but no later than the date manufacturing operations on the vehicle are completed by the final-stage manufacturer and shall
(a) complete the incomplete vehicle in such a manner that the completed vehicle conforms to the standards prescribed for a completed vehicle of that class as of the date chosen by the final-stage manufacturer; and
(b) apply to the completed vehicle a compliance label in accordance with section 6, except that
(i) the date of manufacture referred to in paragraph 6(1)(b) is the date of manufacture chosen by the final-stage manufacturer, and
(ii) subject to subsection (2), the GVWR and GAWRs shall be those set out on the label applied by the previous manufacturer.
(2) If a final-stage manufacturer increases the GVWR or the GAWRs above those referred to in paragraphs 6.1(1)(d) and (e) and subsection 6.4(4) or new ratings have been displayed on an intermediate manufacturer's information label, the final-stage manufacturer shall ensure that the new ratings are displayed on the compliance label for the completed vehicle and
(a) are increased in accordance with the written recommendations of the incomplete vehicle manufacturer or, if applicable, of another previous manufacturer; or
(b) are within the load-carrying capacity of the vehicle's components when the vehicle is loaded for its intended use as a completed vehicle.
[SOR/2002-55, s. 5]
Section 7
7. All the labels applied to a vehicle under sections 6, 6.2, 6.4 and 6.6 shall
(a) be permanently attached to the vehicle;
(b) be resistant to or protected against any weather condition to which the label may be exposed;
(c) have lettering that is
(i) clear and indelible,
(ii) indented, embossed or in a colour that contrasts with the background colour of the label, and
(iii) in block capitals and numerals not less than 2 mm in height; and
(d) have metric units identified by the appropriate name or symbol.
[SOR/82-482, s. 5; 95-147, s. 2; 2002-55, s. 6]
8. Repealed. [SOR/2002-55, s. 7]
Section 9 ALTERED VEHICLE
9. (1) If a company alters a vehicle, other than an incomplete vehicle or a truck tractor not fitted with a fifth wheel coupling, that was in conformity with these Regulations in such a manner that its stated GVWR and GAWR are no longer accurate, or if the company alters the vehicle otherwise than by the addition, substitution or removal of readily attachable components such as mirrors or tire and rim assemblies or by minor finishing operations, the company shall
(a) ensure that the compliance label and information label, if applicable, remain on the vehicle;
(a.1) respect the gross axle weight ratings and gross vehicle weight rating of the vehicle recommended by the original manufacturer or, where the company increases the ratings, ensure that they are
(i) increased in accordance with the original manufacturer's written recommendations, or
(ii) within the load-carrying capacity of the vehicle's components when the altered vehicle is loaded for its intended use;
(b) ensure that the vehicle conforms to the standards referred to in subsection 5(2), in respect of the work carried out by the company to alter the vehicle; and
(c) subject to subsection (2), apply to the vehicle an additional label displaying
(i) the words "THIS VEHICLE WAS ALTERED BY / CE VÉHICULE A ÉTÉ MODIFIE PAR" followed by the name of the company that altered the vehicle,
(ii) the month and year during which the alteration of the vehicle was completed,
(iii) the drawing referred to in paragraph 6(1)(c),
(iv) in accordance with paragraph 6(1)(e), the new gross vehicle weight rating and gross axle weight ratings of the vehicle as altered, where they differ from those shown on the original compliance label,
(v) in accordance with paragraph 6(1)(f), the type of vehicle, where it differs from the type shown on the original compliance label, and
(vi) in the case of a multipurpose passenger vehicle or bus manufactured from a cutaway chassis, a motor home or a recreational trailer, the information referred to in subsection 6(8).
(2) The drawing referred to in paragraph (1)(c) may be displayed on a label applied to the vehicle beside the compliance label.
(3) In the case of a motor home or a recreational trailer, the information referred to in subparagraph (1)(c)(vi) may be displayed on a separate label applied to the vehicle beside the compliance label or in a conspicuous or readily accessible location.
[SOR/90-805, s. 2; 91-425, s. 3; 92-173, ss. 2, 5; 95-147, s. 2; 98-125, s. 5; 2002-55, s. 8]
Section 10 RECORDS
10. (1) 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 vehicles it manufactures or imports conform to all prescribed standards applicable to it and retain those records for at least five years after the date of manufacture or importation.
(2) Where the records referred to in subsection (1) are maintained on behalf of a company, the company shall keep the name and address of the person who maintains those records.
(3) On request in writing from an inspector, a company shall send to that inspector a copy, in either official language, of the records referred to in subsection (1) within
(a) 30 working days after the mailing of the request; or
(b) where the records must be translated, 45 working days after the mailing of the request.
[SOR/79-940, s. 3; 87-450, s. 1; 88-536, s. 1; 95-147, s. 2; 98-524, s. 2]
Section 11 IMPORTATION DOCUMENT
11. (1) Subject to subsections (2) and (4) to (6), any person importing into Canada a vehicle of a prescribed class shall, at the nearest customs office that is open for business, make a declaration, signed by that person or that person's duly authorized representative, setting out
(a) the name and address of the company or individual importing the vehicle;
(b) the name of the manufacturer of the vehicle;
(c) the date the vehicle is presented for importation;
(d) the class, make, model and vehicle identification number of the vehicle;
(e) a statement that the vehicle bears an information label or compliance label, as the case may be, or, where the importer is an individual, a statement from the manufacturer or the duly authorized representative of that manufacturer that the vehicle described in the document conformed to the applicable standards prescribed under these Regulations at the time the main assembly of the vehicle was completed;
(f) a statement that on the date of its importation the vehicle conformed to the applicable standards prescribed under these Regulations at the time the main assembly of the vehicle was completed;
(f.1) Repealed. [SOR/2003-2, s. 47]
(g) where the importer is an individual, the month and year the main assembly of the vehicle was completed.
(2) The declaration that a person or the person's duly authorized representative must make prior to importation, pursuant to paragraph 7(1)(a) of the Act, shall be signed and contain the information set out in Schedule VII.
(3) The declarations made in accordance with subsection (2)
(a) shall be filed with the Minister prior to importation of the vehicle; or
(b) in the case of a company whose world production of vehicles is 2,500 or more a year, may be filed with the Minister quarterly.
(4) For the purposes of paragraph 5(1)(b) of the Act, any company that imports 2,500 vehicles or more a year into Canada may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.
(5) Any company importing a vehicle into Canada pursuant to subsection 5(3) of the Act shall, at the nearest customs office that is open for business, make a declaration, signed by that person or that person's duly authorized representative, setting out
(a) the name of the company importing the vehicle;
(b) the name of the company that completed the main assembly of the vehicle;
(c) the name of the company that will be completing the vehicle;
(d) the class, make, model and vehicle identification number of the vehicle;
(e) the date the vehicle is presented for importation;
(f) a statement from the company that completed the main assembly of the vehicle that the vehicle, when completed in accordance with the provided instructions, will conform to the applicable standards prescribed under these Regulations at the time the main assembly of the vehicle was completed; and
(g) a statement that the vehicle will be completed in accordance with the provided instructions.
(6) Any person importing a vehicle imported temporarily into Canada for special purposes shall file with the Minister, prior to importation, a declaration signed by the person or the person's duly authorized representative, containing the information set out in Schedule VII.
[SOR/79-940, s. 4; 88-536, s. 1; 94-670, s. 2(F); 95-147, s. 2; 97-376, s. 3; 2000-182, s. 3; 2002-55, s. 9; 2003-2, s. 47]
Section 12 IMPORTATION OF A VEHICLE PURCHASED IN THE UNITED STATES
12. (1) The company contracted to the Department of Transport to establish and operate the national program of vehicle inspection, certification and registration, to be known as the registrar of imported vehicles, is the person designated for the purposes of subsection 7(2) of the Act.
(2) Subsection 7(2) of the Act does not apply to a person who is a company referred to in paragraph (a) or (b) of the definition "company" in section 2 of the Act.
(3) For the purposes of subsection 7(2) of the Act, a person may import into Canada a vehicle referred to in that subsection where the following conditions are met:
(a) in the case of a vehicle other than a restricted-use motorcycle, a snowmobile or a snowmobile cutter, the vehicle was manufactured by a company to conform to the applicable United States federal laws on the date of manufacture, as shown on the American compliance labels on the vehicle or on a written statement from each company that manufactured the vehicle;
(a.1) in the case of a snowmobile, the vehicle was manufactured by a company to conform, on the date of manufacture, to the applicable safety standards of the Snowmobile Safety and Certification Committee, Inc., as shown on the certification label on the snowmobile or on a written statement from the company that manufactured the snowmobile;
(b) any defect in the vehicle's construction, design or functioning, or in the construction, design or functioning of its components, that was the subject of a notice of defect or nonconformity under United States federal laws was corrected;
(c) in the case of an incomplete vehicle, truck, enclosed motorcycle, multipurpose passenger vehicle, three-wheeled vehicle, passenger car or bus, the vehicle was manufactured by the company that completed the main assembly of the vehicle to conform to section 210 of Schedule IV;
(d) in the case of a school bus, the vehicle was manufactured by the company that completed the main assembly of the vehicle to conform to section 222 of Schedule IV;
(d.1) in the case of a restricted-use motorcycle, the vehicle is designed to travel on two or four wheels;
(e) where the person is importing the vehicle for sale or for any commercial, industrial, occupational, institutional or other like use, the vehicle is imported at a customs office designated in Schedule VIII; and
(f) the person registers the vehicle with the registrar of imported vehicles, and makes a declaration, in the manner set out in subsection (6).
(4) Notwithstanding paragraph (3)(c) a person may import a vehicle that does not comply with section 210 of Schedule IV if, before being certified by the registrar of imported vehicles, the vehicle can be made to conform to that section by changing a seat or the seat tracks for a seat or seat tracks that are used in vehicles of the same make and model that are manufactured for the Canadian market.
(5) The declaration referred to in paragraph (3)(f) shall be signed by the person importing the vehicle or that person's duly authorized representative and set out
(a) the class, make, model and vehicle identification number of the vehicle;
(b) the date the vehicle is presented for importation;
(c) the name and address of the company or individual importing the vehicle;
(d) in the case of a vehicle other than a restricted-use motorcycle, a snowmobile or a snowmobile cutter, where the vehicle bears the compliance labels referred to in paragraph (3)(a), a statement that the vehicle bears those labels and, where required by United States federal laws, the vehicle emission control label applied by the company that manufactured the vehicle;
(d.1) in the case of a snowmobile, where the snowmobile bears the certification label referred to in paragraph (3)(a.1), a statement that the vehicle bears that label;
(e) where a vehicle referred to in paragraph (d) does not bear the labels referred to in that paragraph, a statement from each company that manufactured the vehicle or its duly authorized representative that, on the date of manufacture, the vehicle conformed to the applicable United States federal laws;
(e.1) where a snowmobile does not bear the certification label referred to in paragraph (d.1), a statement from the company that manufactured the vehicle or its duly authorized representative that, on the date of manufacture, the vehicle conformed to the applicable safety standards of the Snowmobile Safety and Certification Committee, Inc.;
(f) where an American compliance label is applied to the vehicle, the name of the company that manufactured the vehicle, as shown on the label;
(g) the month and year during which the main assembly of the vehicle was completed, as shown on the American compliance label applied to the vehicle or on the statement by the company that completed the main assembly of the vehicle or by its duly authorized representative; and
(h) a statement that the vehicle will be made to conform to all applicable standards prescribed under these Regulations for that class of vehicle and will be taken, within 45 days after its importation, to an inspection station authorized by the registrar of imported vehicles to carry out an inspection function to determine that a vehicle has been made to conform to the Canada motor vehicle safety standards.
(6) A declaration and registration shall be made using the form provided by the Minister:
(a) in the case of a person referred to in paragraph (3)(e), at a designated customs office; and
(b) in any other case, at the nearest customs office that is open for business.
(7) An authorized inspection station shall determine that a vehicle referred to in subsection 7(2) of the Act has been made to conform to the Canada motor vehicle safety standards.
(8) A vehicle that has been determined to conform to the standards prescribed under these Regulations and in respect of which a certificate of conformity has been issued by the registrar of imported vehicles, shall bear a label in both official languages that displays at least the following information:
(a) the name and address of
(i) the company or individual that imported the vehicle, and
(ii) the company or individual that altered the vehicle;
(b) the month and year during which the alteration of the vehicle was completed;
(c) a statement that all the necessary alterations have been made to make the vehicle conform to the applicable standards prescribed under these Regulations at the time the main assembly of the vehicle was completed;
(d) the vehicle identification number; and
(e) in the case of a passenger car, truck, multipurpose passenger vehicle, low-speed vehicle, bus, trailer, trailer converter dolly, motorcycle or three-wheeled vehicle,
(i) the gross vehicle weight rating of the vehicle expressed in kilograms, and
(ii) the gross axle weight rating for each axle of the vehicle, expressed in kilograms and listed in order from front to rear.
(9) The label referred to in subsection (8) shall
(a) be permanently applied
(i) to the same surface as that to which a compliance label referred to in paragraph (3)(a) is applied, or
(ii) where none of the compliance labels referred to in paragraph (3)(a) is applied to the vehicle, in the appropriate location referred to in subsection 6(3);
(b) be resistant to or protected against any weather condition to which the label may be exposed; and
(c) have lettering that is
(i) clear and indelible,
(ii) indented, embossed or in a colour that contrasts with the background colour of the label, and
(iii) in block capitals and numerals not less than 2 mm in height.
(10) Where any compliance label referred to in paragraph (3)(a) is not applied to the vehicle, a statement that indicates that the vehicle was manufactured to conform to the applicable United States federal laws on the date of manufacture shall be displayed on the label referred to in subsection (8) or on a label applied beside that compliance label.
[SOR/80-441, s. 1; 95-147, s. 2; 96-90, s. 1; 2000-304, s. 3; 2002-55, s. 10; 2003-272, s. 5]
Section 13 APPLICATIONS FOR EXEMPTION
13. (1) Any company applying for an exemption pursuant to section 9 of the Act shall submit in writing to the Minister
(a) its name and address;
(b) the province or country under the laws of which it is established;
(c) the number, title and text or substance of the standards from which exemption is sought and the duration of that exemption;
(d) the reason for requesting an exemption;
(e) if applicable, the reasons for withholding from public disclosure any specific part of the information and data found in the application; and
(f) the reasons why the granting of the exemption would be in the public interest and consistent with the objectives of the Act.
(2) Where the basis of an application for an exemption is substantial financial hardship, the applicant shall include in the submission to the Minister
(a) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including
(i) a list of each of the items that would have to be altered in order to achieve conformity,
(ii) the itemized estimated cost of making the alterations referred to in subparagraph (i)
(A) at the end of one year from the date the application is submitted, if the application is for an exemption for one year or more but less than two years,
(B) at the end of two years from the date the application is submitted, if the application is for an exemption for two years or more but less than three years, or
(C) at the end of three years from the date the application is submitted, if the application is for an exemption for three years,
(iii) the estimated price increase per vehicle to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase,
(iv) corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application,
(v) a projected balance sheet and income statement for the fiscal year following a denial of the application, and
(vi) a discussion of any other hardship to be considered; and
(b) a description of the applicant's efforts to conform to the standards from which exemption is sought, including
(i) a discussion of other means of conformity that were considered and the reasons for rejecting each of them,
(ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming vehicles,
(iii) the world production of vehicles manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for, and
(iv) the total number of vehicles manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for.
(3) Where the basis of an application for exemption is the development of new safety or emission control features that are equivalent to or superior to those that conform to the prescribed standards, the applicant shall include in the submission to the Minister
(a) a description of the new features;
(b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;
(c) an analysis of how the level of performance of the new features is equivalent to or superior to the level of performance established by the prescribed standards, including
(i) a detailed description of how a vehicle equipped with the new features would, if exempted, differ from one that conforms to the prescribed standards, and
(ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent to or superior to that required by the prescribed standards;
(d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle; and
(e) a statement as to whether the manufacturer intends, at the end of the exemption period,
(4) Where the basis of an application for exemption is the development of new kinds of vehicles, vehicle systems or components, the applicant shall include in the submission to the Minister
(a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the safe performance of the vehicle, including
(i) a detailed description of how the vehicle equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,
(ii) the reasons why not conforming to the prescribed standards does not substantially diminish the safe performance of the vehicle, and
(iii) a discussion of other means of conformity that were considered and the reasons for rejecting each of them;
(b) the reasons why an exemption would facilitate the development or the field evaluation of the vehicle; and
(c) a statement as to whether the company intends, at the end of the exemption period, the vehicle to conform to the prescribed standards.
(5) Where the Governor in Council has made an exemption order pursuant to section 9 of the Act for a model of vehicle, a label shall be securely applied by the company to the windshield or side window of every vehicle of that model, specifying
(a) the features of the vehicle and the standards, by number and title, in respect of which the exemption has been granted; and
(b) the short title of the exemption order.
[SOR/86-995, s. 1; 89-481, s. 1; 90-805, s. 3; 95-147, s. 2]
Section 14
14. (1) Where a company wishes, on the expiration of the period of an exemption referred to in subsection 13(3), to obtain a new exemption, the company shall submit, in writing, to the Minister
(a) the information required pursuant to that subsection; and
(b) a statement of the total number of vehicles sold in Canada under the expiring exemption.
(2) Where a company wishes, on the expiration of the period of an exemption referred to in subsection 13(4), to obtain a new exemption, the company shall submit, in writing, to the Minister
(a) the information required pursuant to that subsection; and
(b) a statement of the total number of vehicles sold in Canada under the expiring exemption.
[SOR/95-147, s. 2]
Section 15 DEFECT INFORMATION
15. (1) The notice of defect referred to in subsections 10(1) and (3) of the Act shall be given in writing and shall indicate
(a) the name of the company giving the notice;
(b) the identifying classification of each vehicle in respect of which the notice is given, including its make, model, model year, vehicle identification number and the period during which it was manufactured;
(c) the estimated percentage of the potentially affected vehicles that contain the defect;
(d) a description of the defect;
(e) an evaluation of the safety risk arising from the defect; and
(f) a statement of the measures to be taken to correct the defect.
(2) A company shall, within 60 days after it has given a notice of defect, submit to the Minister a report referred to in subsection 10(6) of the Act containing, in addition to the information required by subsection (1), the following information:
(a) the total number of vehicles affected by the notice of defect and the number of such vehicles in each identifying classification;
(b) a chronology of all principal events that led to the determination of the existence of the defect; and
(c) copies of all notices, bulletins and other circulars issued by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations as necessary.
(3) For the purposes of subsection 10(6) of the Act, the quarterly reports to be submitted following the report referred to in subsection (2) shall contain the following information:
(a) the number, title or other identification assigned by the company to the notice of defect;
(b) the number of vehicles affected by the notice of defect;
(c) the date that notices of defect were given to the current owners of the affected vehicles; and
(d) the total number or percentage of vehicles repaired, including vehicles requiring inspection only.
[SOR/95-147, s. 2; 98-524, s. 3]
Section 15.1 Test methods
15.1 (1) Documents that contain motor vehicle safety test methods shall be published by the Department of Transport under the main title Test Method, followed by an identification number, a descriptive title and the publication date.
(2) A test method may be obtained by writing to the Director General, Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 330 Sparks Street, Ottawa, Ontario, K1A 0N5.
[SOR/97-141, s. 2; 97-421, s. 16]
Section 16 Technical standards documents
16. (1) For the purposes of section 12 of the Act, every technical standards document, including all of the amendments to it, shall be published by the Department of Transport and have the main title Technical Standards Document, followed by an identification number, a descriptive title and the publication date.
(2) A technical standards document may be obtained by writing to the Director General, Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 330 Sparks Street, Ottawa, Ontario K1A 0N5.
[SOR/96-366, s. 3; 97-421, s. 16]
Section 17
17. The Department of Transport shall publish a notice in the Canada Gazette Part I each time the Department amends a technical standards document.
[SOR/96-366, s. 3]
18. to 19. Repealed. [SOR/95-147, s. 2]
20. Repealed. [SOR/93-274, s. 2]
21. and 22. Repealed. [SOR/95-147, s. 2]
Schedule I
(Section 6 and paragraphs 6.2(1)(g) and 6.4(1)(e))
[SOR/95-147, s. 3; 2002-55, s. 11]
Schedule II
(Section 3)
Canada
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, I, Minister of Transport, hereby authorize [ name and address ] to use and apply at its premises located at [ location ] the national safety mark and this authorization number [ # ] on any vehicle of a prescribed class, provided that the vehicle and its components conform to all the Canada motor vehicle safety standards applicable thereto.
This authorization expires on: __________________
Issued in Ottawa on ________________, 19__
_____________________________ for the Minister of Transport
[SOR/95-147, s. 4]
Schedule III CANADA MOTOR VEHICLE SAFETY STANDARDS
[SOR/78-80, s. 1; 79-305, s. 1; 79-306, s. 2; 79-339, s. 2; 79-340, s. 2; 79-374, s. 2; 79-677, s. 2; 79-940, s. 5; 80-160, s. 1; 80-161, s. 2; 80-282, s. 2; 80-439, s. 2; 81-88, s. 2; 81-665, s. 1; 82-656, s. 2; 82-753, s. 2; 82-754, s. 2; 83-138, s. 1; 84-812, s. 2; 86-682, s. 1; 86-683, s. 2; 86-975, s. 1; 87-658, s. 1; 87-660, s. 3; 88-268, s. 4; 89-384, ss. 3 to 5; 90-805, s. 4; 91-425, s. 3; 92-173, s. 5; 93-31, s. 2; 93-146, s. 3; 93-561, s. 2; 94-291, s. 2; 94-669, s. 2; 95-60, s. 1; 95-147, s. 5; 95-164, s. 2; 96-366, s. 6; 96-437, s. 1; 97-14, s. 1; 97-141, s. 3; 97-200, s. 2; 97-201, s. 2; 97-376, s. 4; 97-421, s. 2; 97-447, s. 2; 97-463, s. 1; 97-532, s. 1; 98-595, s. 1; 98-457, s. 2; 2000-182, s. 4; 2000-304, s. 4; 2001-35, s. 3; 2001-353, s. 1; 2001-486, s. 1; 2002-55, s. 12; 2002-205, s. 2; 2003-272, s. 6; 2003-359, ss. 1-3]
Schedule IV
(Sections 2, 5 and 6 and subsection 12(3))
[SOR/95-147, s. 6]
PART I
100. In this Schedule,
"ANSI" means the American National Standards Institute;
"ASTM" means the American Society for Testing and Materials;
"boat trailer" means a trailer that is designed to transport a boat and has cradle-type mountings that permit the launching of the boat from the rear of the trailer;
"fixed collision barrier" means a device that
(a) consists of
(i) a structure with a flat, vertical, unyielding impact surface that is of a size sufficient to ensure that no portion of a vehicle striking the surface projects or passes beyond the surface, and
(ii) a horizontal approach surface that does not impede vehicle motion during impact and that is of a size sufficient to ensure that a vehicle will be able to attain a stable attitude during its approach to the impact surface, and
(b) does not absorb any significant portion of the kinetic energy of a vehicle striking