What Canada Motor Vehicle Safety Act 1985 - CMVSS Type Approval, Defect Investigation and Transport Canada Recall Obligations requires
The Canada Motor Vehicle Safety Act R.S.C. 1985 c. M-10.01 (MVSA) and the Motor Vehicle Safety Regulations SOR/94-693 (MVSR) establish Canada's mandatory safety standards regime for motor vehicles and associated equipment; Transport Canada administers the regime through its Motor Vehicle Safety directorate; the MVSR prescribes the Canadian Motor Vehicle Safety Standards (CMVSS) - a set of minimum technical safety requirements that every vehicle must meet before it can be sold in Canada; manufacturers and importers are required to issue a Declaration of Compliance (DoC) affirming that each vehicle conforms to all applicable CMVSS; the MVSA creates a mandatory defect investigation and recall regime: manufacturers must notify Transport Canada within 5 days of forming a reasonable belief that a vehicle has a defect constituting an unreasonable risk to safety; Transport Canada may conduct an independent defect investigation and order a mandatory recall if the manufacturer fails to act; the Act was substantially amended by the Making Canadians Safer Act (S.C. 2014 c. 20) which expanded defect investigation powers, introduced administrative monetary penalties up to CAD 200,000 per day, and added provisions for autonomous vehicle (AV) testing exemptions; Canada's vehicle safety standards are closely harmonised with US Federal Motor Vehicle Safety Standards (FMVSS) but are not identical - importers must ensure compliance with CMVSS rather than FMVSS for Canadian market vehicles; the Registrar of Imported Vehicles (RIV) programme administers vehicle importation from the United States under the 15-year vintage exemption rule.
Pillar: Automotive & Mobility · Authority: Transport Canada, Motor Vehicle Safety Directorate; Registrar of Imported Vehicles (RIV); Government of Canada · Version: 1.0.1 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/M-10.01/FullText.html
SHA-256 integrity: ad96ee76aa578f36759ffb57d66d41b4c7dc8fe6deba882edd56d0715741b5d2
Primary Citations — 5 traced to source
- Sections 5-7 (National Safety Mark affixing obligation, Declaration of Compliance requirement), Sections 10-13 (defect reporting - 5-day notification to Transport Canada, mandatory recall order power), Section 15 (owner notification within 60 days), Section 17 (biannual recall completion reports), Section 12 (Definition of Technical Standards Document) (AV testing exemption), Sections 10 and 10.5 (Notices of Defect and Power to Order Correction)-38 (Administrative Monetary Penalties up to CAD 200,000 per day, criminal offences) — Motor Vehicle Safety Act R.S.C. 1985 c. M-10.01 - Justice Laws Canada
- Section 6 (expanding Transport Canada defect investigation powers), Section 8 (Analytical Aids) (adding Administrative Monetary Penalties regime with maximum CAD 200,000 per day per violation and aggregate maximum CAD 20 million), Section 12 (adding autonomous vehicle testing exemption provisions under Section 12 (Definition of Technical Standards Document) of the Motor Vehicle Safety Act) — Making Canadians Safer Act S.C. 2014 c. 20 - Parliament of Canada
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