Bill C-367
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-367 |
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An Act to amend the Motor Vehicle Safety Act
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| 1993, c. 16
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1. (1) The portion of subsection 10(1) of
the Motor Vehicle Safety Act before
paragraph (a) is replaced by the following:
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| Obligation to
give notice
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10. (1) A company that manufactures, sells
or imports any vehicle or equipment of a class
for which standards are prescribed shall, on
becoming aware of any form of defect in the
design, construction or functioning of the
vehicle or equipment that affects or is likely to
affect the safety of any person, cause a notice
of the defect to be sent within thirty days in the
prescribed manner to
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(2) Subsection 10(1) of the English
version of the Act is amended by striking
out the word ``and'' at the end of paragraph
(b), by adding the word ``and'' at the end of
paragraph (c) and by adding the following
after paragraph (c):
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(3) Subsections 10(2) to (7) of the Act are
replaced by the following:
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| Notice of
death or
injury
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(2) Subject to subsection (3), a company
that becomes aware of a defect in the design,
construction or functioning of any vehicle or
equipment that has killed or injured any
person or is likely to cause death or injury shall
immediately cause a notice of the defect to be
sent in the prescribed manner to
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| Exemption
from notice
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(3) A company is not required to cause
notice to be given of a defect in respect of
which notice has already been given in the
prescribed manner under paragraph (1)(d) by
the company that manufactured, sold or
imported the vehicle or equipment.
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| Notice given
to the public
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(4) Where the Minister receives notice
under subsection (1) or (2),the Minister may
also immediately cause notice of the defect to
be given in the prescribed manner to the
general public in accordance with paragraph
(1)(d).
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| Contents of
notice
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(5) The notice referred to in subsections
(1), (2) and (4) shall contain, in the form and
to the extent prescribed, a description of the
defect, an evaluation of the safety risk arising
from it and the directions for correcting it.
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| Recall order
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(6) Where the Minister receives a notice
under subsection (1) or (2), the Minister may
issue an immediate recall order to a company
that manufactures, sells or imports any vehicle
or equipment of a class for which standards are
prescribed, if such a vehicle or equipment
possesses a defect that has caused injury or
death or that is likely to cause injury or death,
and may also cause notice of the recall order
to be given in the prescribed manner to the
general public in accordance with paragraph
(1)(d).
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| Content of
recall order
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(7) The recall order referred to in subsection
(6) prohibits the sale of any vehicle or
equipment listed in the order until such action
as is indicated in the order is undertaken to
correct the defect.
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| Content of
recall order
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(8) The recall order shall also state the
reasons why the order has been issued, the date
on which the order becomes effective and the
corrective action required for the order to be
rescinded.
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| Particulars to
provincial
authorities
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(9) Forthwith on receiving any notice under
subsection (1) or (2), the Minister shall
forward full particulars of the notice to the
minister or other officer responsible for motor
vehicle administration in each province.
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| Follow-up
reports
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(10) Every company that causes notice to
be given under subsection (1) or (2) shall
submit a report containing prescribed
information respecting the defect and its
correction to the Minister in the prescribed
form within the prescribed period and
quarterly thereafter.
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| Follow-up
reports
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(11) Unless the Minister otherwise directs,
the quarterly reports referred to in subsection
(10) shall be submitted for a period of two
years after the day on which notice was given
under subsection (1) or (2) .
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