Motor Vehicle Safety Act
Marginal note: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.
Marginal note: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.
(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).
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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 by the Minister, if the Minister considers that it is in the interest of safety.
Marginal note: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
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