GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Motor Vehicle Safety Act — M-10.01 5
Compliance by companies 5 (1) No company shall apply a national safety mark to any vehicle or equipment, sell any vehicle or equipment to which a national safety mark has been applied, or import into Canada any vehicle or equipment of a prescribed class unless (a) the vehicle or equipment conforms to the standards prescribed for vehicles or equipment of its class at the time the main assembly of the vehicle was completed or the equipment was manufactured; (b) evidence of that conformity has been obtained and produced as provided for in the regulations or, if the regulations so provide, to the Minister’s satisfaction; (c) [Repealed, 1999, c. 33, s. 351] (d) prescribed information is marked on the vehicle or equipment as provided for in the regulations; (e) prescribed documentation or prescribed accessories accompany the vehicle or equipment as provided for in the regulations; (f) prescribed information relating to the operation of the vehicle or equipment is disseminated as provided for in the regulations; (g) records are maintained and furnished, as provided for in the regulations, in relation to the design, manufacture, testing and field performance of the vehicle or equipment, for the purpose of (i) enabling an inspector to determine whether the vehicle or equipment conforms to all requirements applicable to it, and (ii) facilitating the identification and analysis of defects referred to in subsection 10(1); and (h) in the case of equipment, the company maintains, as provided for in the regulations, a registration system by which any person who has purchased equipment manufactured, imported or sold by the company and who wishes to be identified may be so identified. (2) [Repealed, 2014, c. 20, s. 216] Time of compliance (3) Unless otherwise provided by the regulations, a company may apply a national safety mark to, or import into Canada, a vehicle that does not satisfy a requirement of subsection (1) if that requirement is satisfied before the vehicle leaves the possession or control of the company and before the vehicle is presented for registration under the laws of a province. Certification by foreign agency (4) Where the regulations so provide in relation to a prescribed standard that corresponds to a prescribed enactment of a foreign government, a vehicle shall be deemed to conform to the standard if a prescribed agency of that government has certified that the vehicle conforms to the enactment as applied by the agency, unless the Minister determines that the vehicle does not conform to that enactment as so applied. 1993, c. 16, s. 5; 1999, c. 33, s. 351; 2014, c. 20, s. 216
Motor Vehicle Safety Act — M-10.01 6
Compliance by all persons importing vehicles 6 No person shall import into Canada a vehicle of a prescribed class unless the requirements of paragraphs 5(1)(a), (b), (d) and (e) are satisfied in respect of the vehicle.
Motor Vehicle Safety Act — M-10.01 7
andard prescribed for vehicles of its class at the time of its main assembly may be imported notwithstanding section 5 or 6 if, at the time of its importation, the standard is no longer in effect and (a) the vehicle conforms to the corresponding standard prescribed for vehicles of its class at that time; or (b) there is no corresponding standard at that time. (4) [Repealed, 2014, c. 20, s. 217] Declarations binding (5) A person who makes a declaration under this section shall comply with the declaration. 1993, c. 16, s. 7; 2011, c. 24, s. 185; 2014, c. 20, s. 217
Motor Vehicle Safety Act — M-10.01 8
Analytical aids 8 A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, on the Minister’s request, provide the Minister with the means to retrieve or analyze information created or recorded by the vehicle or equipment. 1993, c. 16, s. 8; 1999, c. 33, s. 352; 2014, c. 20, s. 218; 2018, c. 2, s. 5
Motor Vehicle Safety Act — M-10.01 8.1
Power to order tests, analyses or studies 8.1 (1) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to (a) conduct tests, analyses or studies on the vehicle or equipment in order to obtain information related to defects, or to verify compliance with this Act, that the Minister considers necessary; and (b) provide the results to the Minister in the time and manner that the Minister specifies. Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1). 2018, c. 2, s. 5
Motor Vehicle Safety Act — M-10.01 9
Exemption from standards 9 (1) On application by a company as provided for in the regulations, the Minister may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if the exemption from that standard would, in the opinion of the Minister, promote the development of (a) new safety features that are equivalent to or superior to those that conform to prescribed standards; or (b) new kinds of vehicles, technologies, vehicle systems or components. Conditions for granting exemption (2) An exemption must only be granted for a model if the exemption would not substantially diminish the overall safety performance of the model. Publication (3) Each exemption order must, as soon as feasible, be published through the Internet or by any other means that the Minister considers appropriate. (4) [Repealed, 2018, c. 2, s. 6] Renewal of exemption (5) On expiration of the period of an exemption, a new exemption may be granted in accordance with this section. 1993, c. 16, s. 9; 1999, c. 33, s. 353; 2014, c. 20, s. 219; 2018, c. 2, s. 6
Motor Vehicle Safety Act — M-10.01 10
Notice of defect 10 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to (a) the Minister, on becoming aware of the defect; and (b) the current owner and any other prescribed person, within the period provided for in the regulations. Notice already given (2) A company is not required to give notice of a defect (a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or (b) for which a notice of non-compliance has been given under section 10.1. Subsequent notice (2.1) If the Minister determines that a defect has not been corrected in an adequate number of vehicles or equipment for which notice was given under subsection (1), the Minister may, by order, require the company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the defect corrected. In making this determination, the Minister shall take into consideration, among other things, (a) the nature of the defect; (b) the safety risk arising from it; and (c) the total number of vehicles or equipment affected. Unknown owner (3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company, (a) the company shall give notice in any other manner that is acceptable to the Minister; or (b) the Minister may exempt the company from the requirement to give notice to the current owner. Power to order (4) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give notice of a defect in the manner specified in the order, if the Minister considers that it is in the interest of safety. Statutory Instruments Act (4.1) The Statutory Instruments Act does not apply to an order made under subsection (2.1) or (4). Particulars to provincial authorities (5) Forthwith on receiving any notice under subsection (1), the Minister shall forward full particulars of the notice to the minister or other officer responsible for motor vehicle administration in each province. (6) and (7) [Repealed, 2014, c. 20, s. 221] 1993, c. 16, s. 10; 2014, c. 20, s. 221
Motor Vehicle Safety Act — M-10.01 10.1
Notice of non-compliance 10.1 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to (a) the Minister, on becoming aware of the non-compliance; and (b) the current owner and any other prescribed person, within the period provided for in the regulations. Notice already given (2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment. Exception (3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b). Subsequent notice (4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things, (a) the nature of the non-compliance; (b) the safety risk arising from it; and (c) the total number of vehicles or equipment affected. Unknown owner (5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company (a) the company shall give notice in any other manner that is acceptable to the Minister; or (b) the Minister may exempt the company from the requirement to give notice to the current owner. Particulars to provincial authorities (6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province. Power to order (7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified in the order, if the Minister considers that it is in the interest of safety. Statutory Instruments Act (8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7). 2014, c. 20, s. 222; 2017, c. 26, s. 17(E)
Motor Vehicle Safety Act — M-10.01 10.2
Follow-up reports 10.2 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations. 2014, c. 20, s. 222
Motor Vehicle Safety Act — M-10.01 10.3
Make information available 10.3 A company designated by the Minister that gives notice to the Minister in respect of a vehicle or equipment shall, as provided for in the regulations, make information available for the vehicle or equipment in respect of which the notice was given. 2014, c. 20, s. 222; 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.4
Correction date 10.4 (1) The notice given by a company under paragraph 10(1)(b) or 10.1(1)(b) shall specify the earliest date by which the parts and facilities that are necessary to correct the defect or non-compliance are expected to be available. Notice (2) Despite subsection (1), if the company cannot reasonably specify the earliest date at the time the notice is sent, the company shall send the notice without that date. The company shall send a subsequent notice that provides the earliest date as soon as it has been determined. Copy for Minister (3) The company shall immediately provide the Minister with a copy of any notice referred to in subsections (1) and (2). Power to require information (4) The Minister may, by order, require a company to provide, in the manner and within the period specified in the order, any information or documents that the Minister considers necessary for verifying that the date specified by the company under subsection (1) or (2) is the earliest date by which the parts and facilities that are necessary to correct a defect or non-compliance are expected to be available. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.5
Power to order correction of defect or non-compliance 10.5 The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to correct a defect or non-compliance, in accordance with any terms and conditions specified in the order, if a notice of defect or non-compliance has been given and the Minister considers that it is in the interest of safety. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.51
Correction 10.51 A company that is subject to an order made under section 10.5 may correct a defect or non-compliance by doing one of the following: (a) repairing the vehicle or equipment, including by adding to, removing anything from or modifying the vehicle or equipment, as the circumstances require; (b) replacing the vehicle or equipment with a reasonable equivalent; (c) reimbursing (i) the reasonable cost of repairs to the vehicle or equipment that have already been undertaken before a notice of defect or non-compliance has been given, or (ii) the sale price of the vehicle or equipment, less reasonable depreciation in the case where the vehicle or equipment has been sold to the first retail purchaser, on return of the vehicle or equipment. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.52
Available measures and benefits 10.52 For greater certainty, any person, including an automobile dealer, may benefit from any measure referred to in section 10.51 and any payment of costs under subsection 10.6(1). 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.53
Agreement 10.53 For greater certainty, nothing prevents a company that is subject to an order under subsection 10.1(7) or 10.4(4), section 10.5 or subsection 10.6(1) from entering into an agreement with any person, including an automobile dealer, in respect of any matter related to the order — including, in the case of a vehicle or equipment that has not been sold to the first retail purchaser, in respect of the reimbursement of reasonable costs incurred — in addition to complying with any terms and conditions specified in the order. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.54
Rights not affected 10.54 For greater certainty, a correction to a vehicle or equipment in accordance with section 10.51 does not affect the right of any person, including an automobile dealer, to exercise any other right or remedy available at law, including a right or remedy to recover reasonable costs incurred as a result of an order under section 10.5. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.6
Power to order payment of costs 10.6 (1) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to pay the costs of correcting a defect or non-compliance, in accordance with any terms and conditions specified in the order, if a notice of defect or non-compliance has been given. Time limit (2) This section does not apply to any vehicle or equipment that was manufactured 15 years or more before the date of an order under subsection (1). 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.61
Power to prohibit offering for sale — defect or non-compliance 10.61 (1) The Minister may, by order, require a company to ensure that any defect or non-compliance in a vehicle or equipment is corrected before the vehicle is offered for sale to the first retail purchaser, in accordance with any terms and conditions specified in the order. For greater certainty (2) For greater certainty, a company is not prohibited from doing any promotion activities prior to offering for sale any vehicle or equipment under subsection (1). 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.7
Process 10.7 (1) For the purposes of subsections 10(4) and 10.1(7) and sections 10.5 to 10.61, the Minister shall, before issuing any order, (a) make a preliminary determination, on the basis of testing, analysis, inspection, examination or research that the Minister considers appropriate and in consultation with the company, that an order may be necessary in the interest of safety; (b) notify the company of the preliminary determination, including the rationale on which it is based, and invite the company to provide information in writing, in the time and manner specified by the Minister; and (c) publish a notice of preliminary determination and invite any person to make comments in writing, within the time that the Minister specifies. Final decision (2) The Minister shall not make a final decision that an order is necessary unless the Minister has taken into account information that he or she considers relevant. Notice to company (3) After making a final decision, the Minister shall notify the company of the decision and the rationale on which it is based. Publication (4) After making a final decision, the Minister shall publish a notice of it through the Internet or by any other means that he or she considers appropriate. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.8
Power to vary or revoke order 10.8 The Minister may vary or revoke an order if new relevant information becomes available. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 10.9
Statutory Instruments Act 10.9 The Statutory Instruments Act does not apply to an order made under section 10.4, 10.5, 10.6 or 10.61. 2018, c. 2, s. 9
Motor Vehicle Safety Act — M-10.01 11
Regulations 11 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the keeping of records and the provision of information to the Minister; and (b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations. Progressive application (2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles of any class before those regulations are made applicable in respect of all vehicles of that class. Incorporation by reference (3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date, (a) a document produced by a person or body other than the Minister; or (b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference. 1993, c. 16, s. 11; 2014, c. 20, s. 223
Motor Vehicle Safety Act — M-10.01 12
Definition of technical standards document 12 (1) In this section, technical standards document means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material. Incorporation of document (2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date. No registration or publication (3) For greater certainty, a technical standards document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference. 1993, c. 16, s. 12; 2014, c. 20, s. 224
Motor Vehicle Safety Act — M-10.01 12.1
For greater certainty 12.1 For greater certainty, subsections 11(3) and 12(2) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. 2014, c. 20, s. 224
Motor Vehicle Safety Act — M-10.01 13
Interim order 13 (1) If an enactment of a foreign government corresponds to regulations made under this Act and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an order, effective for a period not exceeding three years, suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect. The Minister may renew the order for a further period not exceeding three years. Order not a regulation (2) An order issued under subsection (1) is not a regulation for the purposes of the Statutory Instruments Act but no person is required to comply with such an order unless it has been published in the Canada Gazette or that person has received actual notice of it. 1993, c. 16, s. 13; 2018, c. 2, s. 10
Motor Vehicle Safety Act — M-10.01 13.1
Order to suspend, modify or adapt regulation 13.1 The Minister may issue an order, effective for a period not exceeding three years, that suspends, modifies or adapts a regulation, in whole or in part, if the Minister is of the opinion that it is in the public interest to do so, including to promote innovation or for reasons of safety. 2018, c. 2, s. 11
Motor Vehicle Safety Act — M-10.01 14
Inspectors 14 (1) The Minister may designate as an automotive inspector any person who, in the Minister’s opinion, is qualified to be so designated. Investigation — collisions (1.1) For greater certainty, the Minister may designate as a collision investigator any person whom the Minister considers qualified, and that person may collect information with respect to an investigation of any motor vehicle collision. Certificate of designation (2) The Minister shall furnish every inspector with a certificate of designation, and on entering any place referred to in subsection 15(1) an inspector shall, on demand from the person in charge of that place, produce the certificate for examination by that person. Testimony  — civil suits (3) An inspector may not be compelled to give testimony in any civil suit, with regard to information obtained by them in the discharge of their duties, without the Minister’s written permission. 1993, c. 16, s. 14; 2014, c. 20, s. 225; 2018, c. 2, s. 12