ARCHIVED — Vol. 146, No. 6 — February 11, 2012

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Motor Vehicle Tire Safety Regulations

Statutory authority

Motor Vehicle Safety Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Canadian Motor Vehicle Tire Safety Regulations, 1995 (MVTSR 1995) have not been significantly updated since their introduction. As a result, they have fallen behind the corresponding tire safety regulations of the United States (U.S.). The tire and vehicle manufacturers are now encouraging the Government to turn its attention to aligning the Canadian tire safety regulations with those of the United States.

The United States began to address tire safety issues in the early 2000s, conducting research and, where warranted, amending their tire safety regulations. This amendment introduced a new U.S. standard for more stringent tire testing, namely U.S. Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. Those regulations have made the U.S. passenger car tire and light-duty truck tire safety standards more stringent and increased U.S. public awareness of the importance of observing tire load limits and maintaining proper tire inflation levels.

The MVTSR 1995 are less stringent than the U.S. regulations. Aligning Canadian tire safety standards with those of the United States would help improve the safe performance of tires in Canada. It would also relieve tire manufacturers of the additional cost of testing and marking tires to the current requirements found in the MVTSR 1995.

Description and rationale

The proposed Motor Vehicle Tire Safety Regulations (the proposed Regulations) would repeal and replace the existing MVTSR 1995 to facilitate alignment with the more stringent U.S. tire safety regulations.

The proposed Regulations would align the Canadian and U.S. tire testing and marking requirements. It is anticipated that this would reduce the cost and complexity of product testing for tire and vehicle manufacturers, while improving safety for Canadians.

Subsection 12(2) of Canada’s Motor Vehicle Safety Act (MVSA) gives the authority for regulations to incorporate “technical standards documents” (TSDs) by reference. TSDs are reproductions of enactments of foreign governments, such as U.S. FMVSS, with adaptations of form and reference to facilitate the incorporation. The proposed Regulations would introduce most of the requirements of U.S tire safety standards FMVSS 109, 119 and 139 into Technical Standards Document No. 109, New and Certain Specialty Tires; Technical Standards Document No. 119, New Tires for Motor Vehicles With a GVWR of More Than 4 536 kg and Motorcycles and Technical Standards Document No. 139, New Radial Ply Tires for Motor Vehicles With a GVWR of 4 536 kg or Less, respectively.

Since U.S. tire safety standard FMVSS No. 139 also introduced requirements for winter tires marked with the Alpine Symbol, the inclusion of such requirements in the proposed Regulations would allow the enforcement of such requirements in Canada. These proposed Regulations would allow enforcement when Canadian-market manufacturers apply the Alpine Symbol. This would indicate to consumers that the tire meets specific winter tire regulatory standards.

The proposed Regulations are based on the text of the MVTSR 1995, but changes were made to improve clarity and internal consistency, to be consistent with current legal drafting practices, and to enable TSD alignment with the U.S. tire safety standards through the incorporation by reference of TSDs. In view of the mandatory provisions of section 26 of the Official Languages Act, official language requirements would be added to the registration systems and defect information sections.

Consequential amendments to paragraph 120(2)(c) of the Motor Vehicle Safety Regulations (MVSR) would be necessary, since this paragraph references the MVTSR 1995. Also, Schedule III of the MVSR includes the Canadian Motor Vehicle Safety Standards (CMVSS) 110 and 120. These two safety standards specify tire and rim selection requirements and rim marking requirements. CMVSS 110 and 120 incorporate TSDs 110 and 120, respectively. Amendments would also be made to TSDs 110 and 120 since they make reference to various subsections of the MVTSR 1995.

Multinational tire industry stakeholders are very much in favour of the introduction of aligned Canadian tire safety regulations. Alignment of Canadian and U.S. tire safety regulations would reduce costs for the tire industry by allowing them to test to a common standard for the North American market. These proposed Regulations are consistent with the objective of the Canada-United States Regulatory Cooperation Council.

Consultation

The Department of Transport, Infrastructure and Communities (Transport Canada) informs the automotive industry, public safety organizations, and the general public when changes are planned to the regulations relating to tire and motor vehicle safety. This gives them the opportunity to comment on these changes by letter or email. Transport Canada also consults regularly, in face-to-face meetings or teleconferences, with the tire and automotive manufacturers, public safety organizations, the provinces, and the territories.

In addition, Transport Canada meets regularly with the federal authorities of other countries. Given that aligned regulations play a key trade role and contribute to a competitive Canadian automotive industry, Transport Canada and the United States Department of Transportation hold semi-annual meetings to discuss issues of mutual interest and planned regulatory changes. In addition, departmental officials participate in and support the development of Global Technical Regulations, which are developed by the World Forum for the Harmonization of Vehicle Regulations under the direction of the United Nations Economic Commission for Europe.

In the case of this regulatory initiative, Transport Canada announced a proposed rewrite of the MVTSR 1995 and accompanying TSDs in its Regulatory Plan distributed to Canadian stakeholders in August 2004. Specifically, Transport Canada meets with the Rubber Association of Canada (RAC), the Association of International Automobile Manufacturers of Canada (AIAMC), and the Canadian Vehicle Manufacturers’ Association (CVMA) several times each year, thus providing the opportunity to discuss regulatory development issues. These proposed Regulations have been discussed during several of these meetings.

During July 2011, a discussion draft of the proposed Regulations was distributed to industry stakeholders. The RAC returned a list of comments on July 29, 2011. The RAC comments relating to the requirements of this proposal have, to the extent possible, been addressed in this publication. There are several outstanding issues that go beyond the scope of this proposal, mostly relating to efforts to develop international tire testing and marking requirements under a Global Technical Regulation, which will need to be addressed in future proposals. Finally, the RAC requested that Transport Canada delay the introduction of TSD 119, noting that there is an impending amendment underway in the United States. This request was not accepted as Transport Canada does not wish to delay the introduction of the updated tire safety regulations. Because the requirements are part of a TSD publication, future alignment with any amended or newly published requirements of the United States would be easy to facilitate.

The CVMA also provided discussion draft comments on July 27, 2011, noting their appreciation for the high degree of alignment with the corresponding U.S. tire safety regulations. They requested clarification on one minor issue regarding the classification of certain specialty tires in the proposed TSD 119. No changes to the proposal were required as a result of their request.

In summary, the multinational tire and automotive industries are very much in favour of the alignment of Canada’s motor vehicle tire safety regulations with those of the United States. This would reduce the cost of tire testing for tire manufacturers.

Implementation, enforcement and service standards

It is suggested that the proposed Regulations would come into force on the day the final text is published in the Canada Gazette, Part Ⅱ. A transitional period is also proposed; that is, mandatory compliance with the safety and marking requirements would be delayed from that day until September 1, 2014. During this transitional period, manufacturers may follow either the existing requirements of MVTSR 1995 or the new requirements.

Motor vehicle and equipment manufacturers and importers are responsible for ensuring that their products conform to the requirements of the Regulations. Transport Canada monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. In addition, when a defect in a vehicle or equipment is identified, the manufacturer or importer must issue a Notice of Defect to the owners and to the Minister of Transport. Any person or company who contravenes a provision of the Motor Vehicle Safety Act is guilty of an offence, and liable to the applicable penalty set out in that Act.

Contact

Roland Jonasch
Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 16th Floor
Ottawa, Ontario
K1A 0N5
Email: roland.jonasch@tc.gc.ca

Please note: It is important that your submission be provided to the attention of the person noted above before the closing date. Submissions not sent directly to the person noted may not be considered as part of this regulatory proposal. Individual responses to submissions will not be provided. Any subsequent final regulation that is published in the Canada Gazette, Part Ⅱ will contain any changes that are made resulting from comments received, along with a summary of relevant comments. Please indicate in your submission if you do not wish to be identified or if you do not wish to have your comments published in the Canada Gazette, Part Ⅱ.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), that the Governor in Council, pursuant to subsection 3(2), sections 4 and 5 (see footnote b), subsection 7(1), section 10 and subsection 11(1) of that Act, proposes to make the annexed Motor Vehicle Tire Safety Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 75 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Roland Jonasch, Senior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 16th Floor, 275 Slater Street, Ottawa, Ontario K1A 0N5 (email: roland.jonasch@tc.gc.ca).

Ottawa, February 2, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

MOTOR VEHICLE TIRE SAFETY REGULATIONS

INTERPRETATION

Definitions

1. (1) The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Motor Vehicle Safety Act.

“bead”
« talon »

“bead” means the portion of a tire that is made of steel wires wrapped or reinforced by plies and that is shaped to fit the rim.

“bias ply tire”
« pneu à carcasse diagonale »

“bias ply tire” means a tire in which the ply cords that extend to the beads are laid at alternate angles that are substantially less than 90° to the centreline of the tread.

“CMVSS”
« NSVAC »

“CMVSS” means Canada Motor Vehicle Safety Standard.

“FI tire”
« pneu pour instruments aratoires »

“FI tire” means a tire designed for use only on farm implements that are occasionally driven or drawn on a road.

“load range”
« limite de charge »

“load range” means a letter designation that indicates the maximum load rating of a tire.

“load rating”
« charge nominale »

“load rating” means the maximum load a tire is rated to carry at a given inflation pressure.

“maximum load rating”
« limite de charge nominale »

“maximum load rating” means the load rating at the maximum permissible inflation pressure for the tire.

“maximum permissible inflation pressure”
« pression maximale permise de gonflage »

“maximum permissible inflation pressure” means the maximum cold inflation pressure to which a tire may be inflated.

“ply”
« pli »

“ply” means a layer of rubber-coated parallel cords.

“radial ply tire”
« pneu à carcasse radiale »

“radial ply tire” means a tire in which the ply cords that extend to the beads are laid at substantially 90° to the centreline of the tread.

“rim”
« jante »

“rim” means a support for a tire or a tire-and-tube assembly on which the beads are seated.

“sidewall”
« flanc »

“sidewall” means the portion of a tire that is between the tread and the bead.

“ST tire”
« pneu à usage spécial »

“ST tire” means a tire designed for use only on trailers drawn on a road.

“tread”
« bande de roulement »

“tread” means the portion of a tire that comes into contact with the road.

“TSD 109”
« DNT 109 »

“TSD 109” means Technical Standards Document No. 109, New Tires and Certain Specialty Tires, as amended from time to time.

“TSD 119”
« DNT 119 »

“TSD 119” means Technical Standards Document No. 119, New Tires for Motor Vehicles With a GVWR of More Than 4 536 kg and Motorcycles, as amended from time to time.

“TSD 139”
« DNT 139 »

“TSD 139” means Technical Standards Document No. 139, New Radial Ply Tires for Motor Vehicles With a GVWR of 4 536 kg or Less, as amended from time to time.

“T-type temporary-use spare tire”
« pneu de secours de type T à usage temporaire »

“T-type temporary-use spare tire” means a temporary-use spare tire that is designed for use at inflation pressures that are higher than those established for standard and reinforced tires.

Terms defined in the MVSR

(2) In these Regulations, “GVWR”, “light-truck tire”, “motorcycle”, “passenger car”, “rim diameter” and “trailer” have the same meaning as in subsection 2(1) of the Motor Vehicle Safety Regulations.

Terms defined in TSD 109, 119 or 139

(3) For the purposes of these Regulations, words and expressions used in TSD 109, TSD 119 or TSD 139 and not defined in that technical standards document but defined in either of those other technical standards documents have the same meaning as in that other technical standards document. This subsection expires on January 1, 2017.

System of measurement

2. If, in the application to a tire of a portion of a section of these Regulations or a portion of a provision of a technical standards document, either the metric or the imperial system of measurement is used, the same system of measurement must be used in the application to the tire of any other portion of the section or provision.

PRESCRIBED CLASSES OF EQUIPMENT AND PRESCRIBED STANDARDS

CMVSS 109 — NEW TIRES AND CERTAIN SPECIALTY TIRES

TSD 109

3. (1) The following tires are prescribed as a class of equipment for the purposes of subsection 3(2) and sections 4 and 5 of the Act, and must conform to the requirements of TSD 109 and section 6:

  1. (a) radial ply tires designed for use on a passenger car manufactured before January 1, 1975;

  2. (b) bias ply tires; and

  3. (c) T-type temporary-use spare tires.

Maximum permissible inflation pressure

(2) The maximum permissible inflation pressure referred to in S4.3(b) of TSD 109 must be expressed in kilopascals, and may in addition, at the manufacturer’s option, be expressed in pounds per square inch.

Maximum load rating

(3) The maximum load rating referred to in S4.3(c) of TSD 109 must be expressed in kilograms, and may in addition, at the manufacturer’s option, be expressed in pounds.

Expiry date

(4) This section expires on January 1, 2017.

CMVSS 119 — NEW TIRES FOR MOTOR VEHICLES WITH A GVWR
OF MORE THAN 4 536 KG AND MOTORCYCLES

TSD 119

4. (1) The following tires, other than tires of the class prescribed by subsection 3(1), are prescribed as a class of equipment for the purposes of subsection 3(2) and sections 4 and 5 of the Act, and must conform to the requirements of TSD 119 and section 6:

  1. (a) tires designed for use on a motor vehicle with a GVWR of more than 4 536 kg;

  2. (b) tires designed for use on a motorcycle;
  3. (c) light-truck tires with a tread depth of 1.43 cm or greater that are designed for use on a motor vehicle with a GVWR of 4 536 kg or less;

  4. (d) ST tires;

  5. (e) FI tires; and

  6. (f) tires with a rim diameter code of 12 or lower.

Expiry date

(2) This section expires on January 1, 2017.

CMVSS 139 — NEW RADIAL PLY TIRES FOR MOTOR VEHICLES
WITH A GVWR OF 4 536 KG OR LESS

TSD 139

5. (1) Tires, other than tires of a class prescribed by subsection 3(1) or 4(1), that are radial ply tires designed for use on a motor vehicle with a GVWR of 4 536 kg or less manufactured on or after January 1, 1975 are prescribed as a class of equipment for the purposes of subsection 3(2) and sections 4 and 5 of the Act, and must conform to the requirements of TSD 139 and section 6.

Maximum permissible inflation pressure

(2) The maximum permissible inflation pressure referred to in S5.5(c) of TSD 139 must be expressed in kilopascals, and may in addition, at the manufacturer’s option, be expressed in pounds per square inch.

Maximum load rating

(3) The maximum load rating referred to in S5.5(d) of TSD 139 must be expressed in kilograms, and may in addition, at the manufacturer’s option, be expressed in pounds.

Definition of “winter tire”

(4) For the purposes of TSD 139, “winter tire” means a tire that

  1. (a) when tested using the snow traction test described in ASTM F 1805 - 06, Standard Test Method for Single Wheel Driving Traction in a Straight Line on Snow- and Ice-Covered Surfaces, with medium pack snow and a test load equal to 74% of the test inflation rated load described in that test method, attains a traction index equal to or greater than 110 compared to a standard reference test tire that meets the requirements of ASTM E 1136 - 10, Standard Specification for P195/75R14 Radial Standard Reference Test Tire; and

  2. (b) is marked on at least one sidewall with the Alpine Symbol specified in S5.5(i) of TSD 139.

Expiry date

(5) This section expires on January 1, 2017.

TIRE IDENTIFICATION NUMBER

Location and permanent moulding

6. (1) Every tire of a class prescribed by subsection 3(1), 4(1) or 5(1) must have a tire identification number permanently moulded into or onto one of its sidewalls in the manner and at the location specified in Figures 1 and 2 of Schedule 1.

Mandatory symbols

(2) The tire identification number must consist of the following groups of symbols:

  1. (a) two or three symbols approved by the Minister or by the United States National Highway Traffic Safety Administration that identify the manufacturer of the tire;

  2. (b) two symbols that identify the size designation of the tire; and

  3. (c) four symbols that identify, in the following manner, the tire’s date of manufacture:

    1. (i) the first two symbols correspond to the week of manufacture of the tire, with “01” indicating the week that begins on the first Sunday in a year, “02” indicating the week that begins on the second Sunday in the year, and so on until and including the week that begins on the last Sunday in the year, and

    2. (ii) the last two symbols are the last two digits of the year in which the week identified in accordance with subparagraph (i) begins.

Optional symbols

(3) At the manufacturer’s option, to identify the tire type, the tire identification number may also include not more than four symbols that

  1. (a) identify the owner of the brand name, if applicable; and

  2. (b) form a code identifying the main characteristics of the tire.

Laser-etching

(4) At the manufacturer’s option, the symbols referred to in paragraph (2)(c) may, not later than 24 hours after the tire is removed from the mould, be permanently laser-etched into the sidewall rather than permanently moulded into or onto the sidewall.

Permitted symbols

(5) The symbols used in the tire identification number may consist of any number from 0 to 9 and any letter of the alphabet, in capitals, except the letters “G”, “I”, “O”, “Q”, “S” and “Z”.

NATIONAL SAFETY MARK

Authorization by Minister

7. (1) For the purposes of subsection 3(2) of the Act, on application by a company, the Minister may, in the form set out in Schedule 2, authorize the company to apply a national safety mark to a tire.

Application of the national safety mark

(2) For the purposes of subsection 3(2) of the Act, when a company applies the national safety mark to a tire, the company must

  1. (a) reproduce the symbol set out in Schedule II to the Act with the minimum height specified in Figure 2 of Schedule 1; and

  2. (b) permanently mould the symbol into or onto one sidewall of the tire

    1. (i) in one of the places shown in Figure 2 of Schedule 1, and

    2. (ii) at a depth or height of not less than 0.5 mm and not more than 1 mm, as measured from the immediate surrounding surface of the sidewall.

TIRE INFORMATION

Manufacturers and importers

8. (1) A company must, in respect of the tires of each specific size designation and type that it manufactures or imports, provide to dealers of the tires, to the Minister at the address set out in Schedule 3, and to any person who requests it, the following information:

  1. (a) a list of the rims designed for use with the tires, and a diagram and the dimensions of each of the rims;

  2. (b) a table showing the type of construction and the intended use of the tires, together with the various load ratings; and

  3. (c) a table and diagram showing the dimensions of the tires.

Non-application

(2) Subsection (1) does not apply in respect of tires of a specific size designation and type if the information specified in that subsection in respect of the tires appears in a publication issued by any of the following:

  1. (a) the Tire and Rim Association, Inc.;

  2. (b) the European Tyre and Rim Technical Organisation;

  3. (c) the Japan Automobile Tire Manufacturers’ Association, Inc.;

  4. (d) the Deutsches Institut für Normung e. V.;

  5. (e) the British Standards Institution;

  6. (f) the Scandinavian Tire and Rim Organization — STRO;

  7. (g) the Tyre and Rim Association of Australia;

  8. (h) the Associação Latino Americana de Pneus e Aros;

  9. (i) the Tire and Rim Engineering Data Committee of South Africa;

  10. (j) the South African Bureau of Standards;

  11. (k) the Indian Tyre Technical Advisory Committee; or

  12. (l) the Instituto Argentino de Normalización y Certificación.

RECORDS

Compliance

9. (1) For the purposes of paragraph 5(1)(g) of the Act, a company must, in respect of each tire to which the national safety mark is applied or that is imported into Canada, maintain in writing or in readily readable electronic or optical form records that show that the tire conforms to all prescribed standards applicable to it. The records must be in one of the official languages. The company must retain the records for at least five years after the day on which the tire is manufactured or, if the tire is imported into Canada, after the day of importation.

If records maintained on behalf of company

(2) If the records are maintained by a person on behalf of a company, the company must keep the name and address of the person.

Tires imported from United States

(3) If a tire is imported from the United States, records that the manufacturer of the tire maintains and makes available to the Administrator of the United States National Highway Traffic Safety Administration in accordance with section 30166, chapter 301, title 49 of the United States Code are considered to meet the requirements of subsection (1).

REGISTRATION SYSTEMS

Information card

10. (1) For the purpose of maintaining a registration system referred to in paragraph 5(1)(h) of the Act, the company must provide, to each person who purchases from the company a tire manufactured, imported or sold by the company, an information card, in both official languages, that

  1. (a) permits a retail purchaser to provide to the company or to a duly authorized representative of the company, at no cost, the purchaser’s name, mailing address and email address, the tire identification number and the date of purchase; and

  2. (b) includes a safety message concerning the importance of providing the information.

Information to be kept in registration system

(2) The registration system maintained by the company must consist of the information provided under paragraph (1)(a).

Minimum retention period

(3) The information kept in the registration system must be retained for at least five years after the day on which the tire is sold.

IMPORTATION

GENERAL

Declaration

11. (1) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a tire of a class prescribed by subsection 3(1), 4(1) or 5(1) must make, at the nearest customs office that is open for business, a declaration that is signed by the company’s duly authorized representative and that sets out

  1. (a) the name of the manufacturer of the tire;

  2. (b) the name, telephone number, postal address and email address of the company;

  3. (c) a statement from the manufacturer or its duly authorized representative that the tire conforms to the standards prescribed for a tire of that class by sections 3 to 5 at the time the tire was manufactured;

  4. (d) the brand name, size designation and type of the tire and the number of tires of that size designation and type imported at the same time; and

  5. (e) the date on which the tire was imported.

Importation of 10,000 or more tires

(2) For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada 10,000 tires or more a year may provide the declaration referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

Tires imported from United States

(3) A company that imports a tire into Canada from the United States may replace the statement referred to in paragraph (1)(c) with a statement from the manufacturer or its duly authorized representative that the tire was manufactured for sale in the United States and conforms on the day of its manufacture to the requirements established under chapter 301, title 49 of the United States Code.

Used large motor vehicle tires

(4) In the case of a used tire, the statement referred to in paragraph (1)(c) may be replaced with a statement that the tire bears a national safety mark, a DOT symbol used by the United States Department of Transportation or a JIS symbol used by the Japanese Standards Association, if the tire

  1. (a) is designed for use on a motor vehicle with a GVWR of more than 4 536 kg;

  2. (b) is designed to fit on a rim that has a rim diameter greater than 406.4 mm; and

  3. (c) has a load range of not less than D or a ply rating of not less than 8, as specified for a tire of that size designation and type in a publication referred to in subsection 8(2).

TEMPORARY IMPORTATION

Declaration before importation

12. For the purposes of paragraph 7(1)(a) of the Act, a person importing a tire must file with the Minister at the address set out in Schedule 3 a duly completed declaration in the form set out in Schedule 4.

DEFECT INFORMATION

Content of notice of defect

13. (1) A notice of defect referred to in section 10 of the Act must be given in writing in both official languages and must contain the following information:

  1. (a) the name, telephone number, postal address and email address of the company giving the notice;

  2. (b) the name of the manufacturer of the tire;

  3. (c) the brand name, size designation, type and tire identification number for each tire in respect of which the notice is given, the period during which it was manufactured and any other information necessary to permit the identification of the tire;

  4. (d) the estimated percentage of tires of the brand name, size designation and type referred to in paragraph (c) that potentially contain the defect;

  5. (e) a concise description of the defect;

  6. (f) a concise evaluation of the safety risk arising from the defect;

  7. (g) a concise statement of the measures to be taken to correct the defect, including directing that the tire identification number is not to be removed unless the tire is destroyed or otherwise rendered permanently unusable;

  8. (h) any conditions that relate to the correction of the defect; and

  9. (i) the number, title or other identification assigned by the company to the notice of defect.

Additional information

(2) The report referred to in subsection 10(6) of the Act must be submitted within 30 days after the day on which the company gives a notice of defect, and must contain the information required by subsection (1) and the following information:

  1. (a) the number of tires affected by the notice of defect and the number of those tires for each size designation;

  2. (b) a chronology of the principal events that led to the determination of the existence of the defect;

  3. (c) copies of all notices, bulletins and other circulars issued by the company in respect of the defect; and

  4. (d) a detailed description of the nature of the defect and its location on the tire, with any related diagrams or illustrations.

Content of quarterly reports

(3) For the purposes of subsection 10(6) of the Act, the quarterly reports to be submitted following the report referred to in subsection (2) must contain the following information:

  1. (a) the number, title or other identification assigned by the company to the notice of defect;

  2. (b) the revised number of tires affected by the notice of defect, if applicable;

  3. (c) the dates on which notices of defect were given to the current owners of the tires;

  4. (d) the number of tires inspected by or at the direction of the company;

  5. (e) the number of inspected tires found on inspection to contain the defect; and

  6. (f) a statement outlining the manner in which the company disposed of the defective tires.

TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENT,
REPEAL AND COMING INTO FORCE

TRANSITIONAL PROVISION

Conformity

14. Until September 1, 2014, tires of a class prescribed by subsection 3(1), 4(1) or 5(1) may, instead of conforming to the applicable requirements of sections 3 to 5, conform to the applicable requirements of sections 5, 6 and 8 to 10 of the Motor Vehicle Tire Safety Regulations, 1995 as they read on the day before the day on which these Regulations came into force.

CONSEQUENTIAL AMENDMENT TO THE MOTOR
VEHICLE SAFETY REGULATIONS

15. Paragraph 120(2)(c) of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following:

  1. (c) have been originally manufactured to comply with the requirements of any of the following that applied at the time of manufacture:

    1. (i) in the case of used tires, the Motor Vehicle Tire Safety Regulations or the Motor Vehicle Tire Safety Regulations, 1995, and

    2. (ii) in the case of retreaded tires, section 4 of the Motor Vehicle Tire Safety Regulations, Schedule V to the Motor Vehicle Tire Safety Regulations, 1995, the United States Federal Motor Vehicle Safety Standard No. 119 or the Japanese Industrial Standard JIS D4230.

REPEAL

16. The Motor Vehicle Tire Safety Regulations, 1995 (see footnote 2) are repealed.

COMING INTO FORCE

Publication date

17. These Regulations come into force on the day on which they are published in the Canada Gazette, Part Ⅱ.

SCHEDULE 1
(Subsections 6(1) and 7(2))

IDENTIFICATION NUMBERS AND NATIONAL SAFETY MARK

Figure identifying what makes up the tire identification number

Notes:

1. For tires less than 155 mm in cross-section or less than 330 mm in bead diameter, the minimum height of the characters in the Tire Identification Number may be 4 mm.

2. The characters in the Tire Identification Number must be

  1. (a) moulded into or onto the tire at a depth or height of not less than 0.5 mm and not more than 1 mm, as measured from the immediate surrounding surface of the tire; or

  2. (b) laser-etched into the tire at a depth of not less than 0.5 mm and not more than 1 mm, as measured from the immediate surrounding surface of the tire.

3. The Tire Identification Number must be in Futura Bold, Modified, Condensed or Gothic characters or any other font approved by the Minister.

4. This drawing is not to scale.

Figure 1 — Tire Identification Number

Figure showing the location of the tire identification number and the national safety mark on a tire

Figure 2 — Location of Tire Identification Number and National Safety Mark

SCHEDULE 2
(Subsection 7(1))

MINISTERIAL AUTHORIZATION

Department of Transport

Motor Vehicle Safety Act
(subsection 3(2))

Motor Vehicle Tire Safety Regulations
(subsection 7(1))

MINISTERIAL AUTHORIZATION

Pursuant to the Motor Vehicle Safety Act and the Motor Vehicle Tire Safety Regulations,

[company name and address]

is authorized to use and apply a national safety mark to any tire of a class referred to in subsection 3(1), 4(1) or 5(1) of the Motor Vehicle Tire Safety Regulations, on condition that the tire conforms to the applicable Canada Motor Vehicle Safety Standard.

This ministerial authorization expires on ____________________

Issued in Ottawa on ______________________, 20_______

for the Minister of Transport

SCHEDULE 3
(Subsection 8(1) and section 12)

ADDRESS OF MINISTER

Minister of Transport
c/o Road Safety and Motor Vehicle Regulation Directorate
Department of Transport
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5

SCHEDULE 4
(Section 12)

DECLARATION OF IMPORTATION FOR EXHIBITION, DEMONSTRATION,
EVALUATION OR TESTING PURPOSES

1. Name of the manufacturer of the tire:

___________________________________________________________________________

2. Name, postal address and email address of the person importing the tire:

___________________________________________________________________________

3. Brand name, size designation and type of the tire:

___________________________________________________________________________

4. Purpose of the importation:

___________________________________________________________________________

5. Date that the tire is presented for importation:

___________________________________________________________________________

I, the undersigned, declare that the information set out in this declaration is true and that the tire

  1. (a) will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing, pursuant to paragraph 7(1)(a) of the Motor Vehicle Safety Act; and

  2. (b) will remain in Canada for not longer than one year or the period that the Minister specifies.*

* Note: Subsection 7(5) of the Motor Vehicle Safety Act prohibits a person who signs the declaration referred to in paragraph 7(1)(a) of that Act to use or dispose of a tire contrary to the terms of the declaration.

_________________________________________________

Signature

___________________

Date

[6-1-o]

Footnote a
S.C. 1993, c. 16

Footnote b
S.C. 1999, c. 33, s. 351

Footnote 1
C.R.C., c. 1038

Footnote 2
SOR/95-148