Motor Vehicle Restraint Systems and Booster Seats Safety Regulations — 110.01
Prescribed person 110.01 (1) For the purposes of subsection 10.1(1) of the Act, a person, other than the first retail purchaser, who obtained a restraint system or booster seat from a company is a prescribed person. Form and Language (2) A notice of non-compliance that is required to be given under subsection 10.1(1) of the Act must be in writing, in either paper or electronic form, and (a) in the case of a notice given to the Minister, be in either official language; and (b) in the case of a notice given to the current owner of the restraint system or booster seat or a prescribed person, (i) be in the person’s official language of choice, if it is known, or (ii) be in both official languages. Period (3) Unless the notice of non-compliance contains a statement under subparagraph (4)(k)(i), a company must give the notice of non-compliance to the current owner of the restraint system or booster seat and to the prescribed person as soon as feasible, but not later than 60 days after the day on which the company gives the notice of non-compliance to the Minister. Period — statement denied (3.1) If the notice of non-compliance contains a statement under subparagraph (4)(k)(i) and the Minister advises the company that the Minister has determined that the non-compliance is not inconsequential to safety, the company must give the notice of non-compliance to the current owner of the restraint system or booster seat and to the prescribed person as soon as feasible after the day on which the company receives the Minister’s determination, but not later than 60 days after that day. Notice to Minister — content (4) A notice of non-compliance that is given to the Minister must contain the following information: (a) the company’s name and its contact information for the purpose of correspondence; (b) the name of the manufacturer of the restraint system or booster seat; (c) the number, title or other identification that is assigned by the company to the notice; (d) for each restraint system or booster seat that may be non-compliant, the model name and number, the prescribed class of equipment and any other information that is necessary to permit its identification; (e) the period during which the restraint systems or booster seats were manufactured; (f) the estimated number of restraint systems or booster seats that could potentially be non-compliant; (g) the estimated percentage of the restraint systems or booster seats referred to in paragraph (f) that are non-compliant; (h) a description of the non-compliance, including the applicable regulatory requirement, the causes and contributing factors, if known; (i) the systems or components of the restraint system or booster seat that may be affected by the non-compliance; (j) a chronology of the principal events that led to the determination of the non-compliance, including the test results, observations, inspections and any other relevant information; (k) as the case may be, (i) a statement that the non-compliance is inconsequential to safety, including detailed information to support the statement, or (ii) a description of the safety risk to persons arising from the non-compliance; (l) a description of the corrective measures to be taken in respect of the non-compliance and how they are to be implemented; (m) any precautions that may be taken to minimize the safety risk until the corrective measures are implemented; and (n) the estimated date on which the notice of non-compliance will be sent to the current owner of the restraint system or booster seat and the estimated date on which the notice of non-compliance will be sent to a prescribed person. Unavailable information (5) The company is not required to provide the Minister with the information referred to in paragraphs (4)(j), (l) and (m) if it is not available on the day on which the notice is given but must provide that information as soon as it is available. Information referred to in paragraph (4)(n) (5.1) The company is not required to