ARCHIVED — Vol. 146, No. 40 — October 6, 2012

Regulations Amending the Motor Vehicle Safety Regulations (Standard 126)

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 safety standard mandating the installation of electronic stability control (ESC) systems on light-duty vehicles, hereafter referred to as the Canadian safety standard, was inadvertently repealed from the Motor Vehicle Safety Regulations, pursuant to an amendment published on November 9, 2011. That amendment was intended solely to re-enact a separate series of safety standards within the Regulations.

It is important that the safety standard governing ESC systems be re-introduced into the Motor Vehicle Safety Regulations to ensure that Canadians continue to be provided with the full benefit of this effective safety feature.

Description

Following the amendment which first introduced the Canadian safety standard into the Motor Vehicle Safety Regulations, beginning on September 1, 2011, light-duty vehicles intended for sale in Canada were required to be equipped with an ESC system as standard equipment on an indefinite basis. Only since the inadvertent repeal of the Canadian safety standard are ESC systems no longer a legal requirement in Canada.

This proposed amendment would re-introduce into Schedule IV of the Motor Vehicle Safety Regulations the same safety standard that first established mandatory installation of ESC systems on light-duty vehicles, as published in the Canada Gazette, Part Ⅱ, on December 23, 2009. (see footnote 1)

As before, the proposed Canadian safety standard would apply to light-duty vehicles which include passenger cars, multi-purpose passenger vehicles, trucks and buses with a gross vehicle weight rating of 4 536 kilograms or less. This proposal would once again harmonize the Canadian safety standard with the requirements of the U.S. safety standard pertaining to ESC systems, removing a potential impediment to trade between the two countries, and would also align the Canadian safety standard with the requirements of the United Nations’ Global Technical Regulation on ESC systems. Re-introducing this Canadian safety standard as it existed previously should therefore not affect the vehicle designs or manufacturing processes that currently include ESC systems as standard equipment.

Consultation

The Department of Transport has informed the two automotive manufacturing associations of Canada, the Association of International Automobile Manufacturers of Canada (see footnote 2) and the Canadian Vehicle Manufacturers’ Association (see footnote 3) of the inadvertent repeal. Given the added safety benefit that ESC systems provide, both associations indicated that their member companies would continue to supply vehicles with ESC systems as standard equipment, meeting the requirements of the Canadian safety standard as it was first introduced into the Regulations.

Implementation, enforcement and service standards

The amendment that first introduced the Canadian safety standard into the Motor Vehicle Safety Regulations required mandatory compliance on and after September 1, 2011, with the exception of vehicles that were altered or those that were manufactured in two or more stages (which required compliance on and after September 1, 2012). As a result, manufacturers incorporated ESC systems into the basic design and production of automobiles on an indefinite basis, and are currently meeting or exceeding the requirements of the Canadian safety standard as originally introduced. While this proposed amendment does not modify the requirements as originally introduced, mandatory compliance would not be required until 60 days after the date of publication of the amendment in the Canada Gazette, Part Ⅱ.

Motor vehicle manufacturers and importers are responsible for ensuring that their products conform to the requirements of the Motor Vehicle Safety Regulations. The Department of Transport 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 that contravenes a provision of the Motor Vehicle Safety Act is guilty of an offence, and liable to the applicable penalty set out in the Act.

Contact

Denis Brault
Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 17th Floor
Ottawa, Ontario
K1A 0N5
Email: denis.brault@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 regulations that are 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 given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), that the Governor in Council, pursuant to subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standard 126).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 30 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 addressed to Denis Brault, Senior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 16th Floor, 275 Slater Street, Ottawa, Ontario K1A 0N5 (email: denis.brault@tc.gc.ca).

Ottawa, September 27, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE
SAFETY REGULATIONS (STANDARD 126)

AMENDMENT

1. Schedule IV to the Motor Vehicle Safety Regulations (see footnote 4) is amended by adding the following after section 124:

ELECTRONIC STABILITY CONTROL SYSTEMS (STANDARD 126)

126. (1) Every passenger car, multi-purpose passenger vehicle, truck and bus with a GVWR of 4 536 kg or less shall conform to the requirements of Technical Standards Document No. 126, Electronic Stability Control Systems (TSD 126), as amended from time to time.

(2) This section expires on January 31, 2017.

COMING INTO FORCE

2. These Regulations come into force 60 days after the day on which they are published in the Canada Gazette, Part Ⅱ.

[40-1-o]

Footnote a
S.C. 1993, c. 16

Footnote 1
Canada Gazette, Part Ⅱ, publication, SOR/2009-323.

Footnote 2
The Association of International Automobile Manufacturers of Canada represents the following automotive manufacturers and importers as voting members: BMW Canada Inc.; Honda Canada Inc.; Hyundai Auto Canada; Kia Canada Inc.; Mazda Canada Inc.; Mercedes-Benz Canada Inc.; Mitsubishi Motor Sales of Canada, Inc.; Nissan Canada Inc.; Porsche Cars Canada Ltd.; Subaru Canada Inc.; Suzuki Canada, Inc.; Toyota Canada Inc.; and Volkswagen Canada Inc.

Footnote 3
The Canadian Vehicle Manufacturers’ Association represents Chrysler Canada Inc.; Ford Motor Company of Canada, Limited; General Motors of Canada Limited; and Navistar Canada, Inc.

Footnote 4
C.R.C., c. 1038