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Motor Vehicle Safety Regulations (C.R.C., c. 1038)

Regulations are current to 2024-11-11 and last amended on 2023-11-08. Previous Versions

Importation (continued)

Vehicles Imported Under Subsections 7(2) and (2.1) of the Act (continued)

Vehicles Sold at the Retail Level in the United States and Prescribed Vehicles from Mexico (continued)

  •  (1) The declaration referred to in paragraph 7(2)(b) of the Act, made by a person who imports a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico, must be signed by that person and contain the following information:

    • (a) the vehicle identification number;

    • (b) the importer’s name, mailing address, telephone number, facsimile number and email address and, if the importer is a company, the contact information of a contact person at the company;

    • (c) the date on which the vehicle is to be presented for importation;

    • (d) the name of the manufacturer of the vehicle;

    • (e) the type of vehicle;

    • (f) the make, model and model year of the vehicle;

    • (g) the status of the vehicle; and

    • (h) a statement indicating

      • (i) in the case of a vehicle whose status is salvage and repairable or an equivalent status, that, within one year after the day on which it is imported, the vehicle will be brought into conformity with the applicable requirements of subsection 12.1(2), will be taken to the registrar of imported vehicles for inspection and will not be presented for registration under the laws of a province unless a Canadian certification label is issued in respect of the vehicle by the registrar of imported vehicles, or

      • (ii) in any other case, that, within 45 days after the day on which it is imported, the vehicle will be brought into conformity with the applicable requirements of subsection 12.1(2), will be taken to the registrar of imported vehicles for inspection and will not be presented for registration under the laws of a province unless a Canadian certification label is issued in respect of the vehicle by the registrar of imported vehicles.

  • (2) In the case of a vehicle sold at the retail level in the United States, the declaration must also contain the following information:

    • (a) a statement indicating that the vehicle was sold at the retail level in the United States;

    • (b) in the case of a vehicle other than a restricted-use vehicle or snowmobile, a statement indicating that the vehicle bears an American compliance label or a statement from the manufacturer indicating that the vehicle conformed to the requirements of Parts 541, 565, 571 and 581, chapter V, Title 49 of the Code of Federal Regulations of the United States that were applicable on the date of manufacture;

    • (c) in the case of a snowmobile, a statement indicating that it bears a Snowmobile Safety and Certification Committee, Inc. certification label or a statement from the manufacturer indicating that the snowmobile was certified by the Snowmobile Safety and Certification Committee, Inc. or that the snowmobile conformed to the standards referred to in section 1201 of Schedule VI on the date of manufacture; and

    • (d) the month and year of the date of manufacture.

  • (3) In the case of a prescribed vehicle from Mexico, the declaration must also contain the following information:

    • (a) the odometer reading;

    • (b) the name of the country in which the vehicle was last registered for use on public roads;

    • (c) a statement indicating that the vehicle bears an American compliance label or a statement from the manufacturer indicating that the vehicle conformed to the requirements of Parts 541, 565, 571 and 581, chapter V, Title 49 of the Code of Federal Regulations of the United States that were applicable on the date of manufacture; and

    • (d) the month and year of the date of manufacture.

 For the purposes of paragraph 7(2)(b) of the Act, the prescribed period during which a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico must be brought into compliance with the requirements of subsection 12.1(2) and certified by the registrar of imported vehicles is the following:

  • (a) in the case of a vehicle whose status is salvage and repairable or an equivalent status, one year beginning on the day on which the vehicle is imported; and

  • (b) in any other case, 45 days beginning on the day on which the vehicle is imported.

  •  (1) After recording the vehicle in its registration system and inspecting the vehicle, the registrar of imported vehicles must certify the vehicle by issuing a Canadian certification label in both official languages if it determines that the vehicle conforms to the requirements of subsection 12.1(2).

  • (2) The Canadian certification label must

    • (a) display

      • (i) the vehicle identification number,

      • (ii) a statement that the necessary alterations have been made to bring the vehicle into conformity with the standards — prescribed under these Regulations — that were applicable on the date of manufacture,

      • (iii) the date on which the vehicle was altered, and

      • (iv) in the case of a passenger car, truck, multi-purpose passenger vehicle, low-speed vehicle, bus, trailer, trailer converter dolly, motorcycle or three-wheeled vehicle that has been sold at the retail level in the United States and in the case of a prescribed vehicle from Mexico,

        • (A) the gross vehicle weight rating of the vehicle, expressed in kilograms, and

        • (B) the gross axle weight rating for each axle of the vehicle, expressed in kilograms and listed in order from the front to the rear of the vehicle;

    • (b) be permanently applied

      • (i) to the same surface as that to which an American compliance label is applied, or

      • (ii) if there is no American compliance label on the vehicle, in the appropriate location referred to in subsection 6(3);

    • (c) be resistant to or protected against any weather condition to which the label may be exposed; and

    • (d) have lettering that is

      • (i) 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.

Vehicles Sold at the Retail Level in the United States and Prescribed Vehicles from Mexico — Importation for Components

  •  (1) The declaration referred to in subsection 7(2.1) of the Act, made by a person that imports for components a vehicle sold at the retail level in the United States or a prescribed vehicle from Mexico, must be signed by that person and contain the following information:

    • (a) the vehicle identification number;

    • (b) the importer’s name, mailing address, telephone number, facsimile number and email address and, if the importer is a company, the contact information of a contact person at the company;

    • (c) the date on which the vehicle is to be presented for importation;

    • (d) the name of the manufacturer of the vehicle;

    • (e) the type of vehicle;

    • (f) the make, model and model year of the vehicle;

    • (g) the status of the vehicle;

    • (h) a statement indicating that the vehicle will not be presented for registration under the laws of a province;

    • (i) a statement indicating that the declaration will be provided to the registrar of imported vehicles; and

    • (j) a statement indicating that the vehicle will be dismantled for its components.

  • (2) In the case of a vehicle sold at the retail level in the United States, the declaration must also contain the following information:

    • (a) a statement indicating that the vehicle was sold at the retail level in the United States;

    • (b) in the case of a vehicle other than a restricted-use vehicle or snowmobile, a statement indicating that the vehicle bears an American compliance label or a statement from the manufacturer indicating that the vehicle conformed to the requirements of Parts 541, 565, 571 and 581, chapter V, Title 49 of the Code of Federal Regulations of the United States that were applicable on the date of manufacture;

    • (c) in the case of a snowmobile, a statement indicating that it bears a Snowmobile Safety and Certification Committee, Inc. certification label or a statement from the manufacturer indicating that the snowmobile was certified by the Snowmobile Safety and Certification Committee, Inc. or that the snowmobile conformed to the standards referred to in section 1201 of Schedule VI on the date of manufacture; and

    • (d) the month and year of the date of manufacture.

  • (3) In the case of a prescribed vehicle from Mexico, the declaration must also include the following information:

    • (a) the odometer reading;

    • (b) the name of the country in which the vehicle was last registered for use on public roads;

    • (c) a statement indicating that the vehicle bears an American compliance label or a statement from the manufacturer indicating that the vehicle conformed to the requirements of Parts 541, 565, 571 and 581, chapter V, Title 49 of the Code of Federal Regulations of the United States that were applicable on the date of manufacture; and

    • (d) the month and year of the date of manufacture.

 After receiving the declaration referred to in section 12.5, the registrar of imported vehicles must record the vehicle in its registration system.

Applications for Exemption

  •  (1) Any company applying for an exemption pursuant to section 9 of the Act must 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) [Repealed, SOR/2023-222, s. 2]

  • (3) If the basis of an application for exemption is the development of new safety features that are equivalent to or superior to those that conform to the prescribed standards, the applicant must 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,

      • (i) to conform to the prescribed standards,

      • (ii) to apply for a further exemption, or

      • (iii) to request that the prescribed standards be amended to incorporate the new features.

  • (4) If the basis of an application for exemption is the development of new kinds of vehicles, technologies, vehicle systems or components, the applicant must 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) If the Minister has made an exemption order under section 9 of the Act for a model of vehicle, the company must apply to every vehicle of that model a label that displays the following:

    • (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 and the identifier set out in the exemption order.

  • (6) The label must be securely applied to the windshield or a side window of the vehicle. However, in the case of a vehicle without a windshield or side windows or with windshield or side window surfaces that are too small for the label to be applied, the label must be securely applied in a readily accessible location and in such a manner that it is easily readable from outside the vehicle without moving any part of the vehicle.

 

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