Canadian Motor Vehicle Safety
Regulations Enforcement Within
a Self-certification Regime
Transport Canada
Road Safety Directorate
Presentation to 130th
WP29, June 25, 2003
Transport Canada
Road Safety Directorate
Mandate:
To reduce the risk of death, injury and
damage to property and the environment
caused by motor vehicles and motor
vehicle equipment.
Authority:
Motor Vehicle Safety Act (MVSA).
Motor Vehicle Transport Act (MVTA).
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Transport Canada
Road Safety Directorate
Motor Vehicle Safety Act (MVSA).
Regulates the manufacture and importation of motor
vehicles and motor vehicle equipment to reduce the
risk of death, injury and damage to the environment.
Motor Vehicle Transport Act (MVTA).
Regulates the safe operation of extra-provincial bus
and truck transport of passengers and goods from
one province to another.
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Motor Vehicle Safety Act (MVSA)
Objectives:
 To regulate and enforce manufacturing and
importation requirements for motor vehicles and
selected motor vehicle equipment.
 To conduct research on the impact of vehicles,
drivers and highways on road safety, energy
consumption and the environment.
 To promote measures that counter the negative
consequences of motor vehicle use.
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Motor Vehicle Safety Act (MVSA)
MVSA empowers Transport Canada to issue
and enforce safety regulations for application
to the manufacture and importation of
prescribed classes of motor vehicles and
motor vehicle equipment.
Motor vehicle safety regulations (MVSR).
Children’s restraint systems and booster
cushions safety regulations (RSSR).
Motor vehicle tire safety regulations (MVTSR).
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Motor Vehicle Safety Act (MVSA)
Prescribed classes of motor vehicles include:
Bus.
Motorcycle and its sub-classes.
Multi-purpose Passenger Vehicle.
Passenger Car.
Snowmobile.
Snowmobile Cutter.
Trailer and Trailer converter dolly.
Truck.
Vehicle Imported Temporarily for Special Purposes.
Low Speed Vehicle.
Three-wheeled vehicles.
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Motor Vehicle Safety Act (MVSA)
Prescribed classes of equipment (original
equipment and new aftermarket) include:
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Child restraint systems.
Infant restraint systems.
Booster cushions.
Restraint systems for disabled persons.
Restraint systems for infants with special needs.
Tires for Passenger Cars.
Tires for Other than Passenger Cars.
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Motor Vehicle Safety Act (MVSA)
Certification of Compliance:
Manufacturers are required to certify
compliance with all applicable regulations
before offering their new vehicles or
equipment for sale to the public.
(“self-certification”).
Affixing of Compliance Label to a vehicle
or equipment affirms compliance with
applicable regulations.
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Motor Vehicle Safety Act (MVSA)
Every vehicle entering the Canadian
market must have a Compliance Label
permanently affixed to it.
In addition, every vehicle and regulated
equipment manufactured in Canada for
the Canadian market must have an
NSM permanently affixed to it.
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Motor Vehicle Safety Act (MVSA)
Compliance Label.
Contains required product information
including vehicle identification number.
National Safety Mark (NSM).
National trademark of Canada.
Minister of Transport authorizes use of
NSM and company must make application
to use it.
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Self-certification by Manufacturers
Substantiation:
A manufacturer’s compliance certification
must be substantiated by records of
testing, where testing is specified ………
Testing can be conducted by manufacturer
or on behalf of manufacturer.
----------------------------------------------------------……... for the purposes of enabling an
inspector to determine whether the vehicle
or equipment conforms to all prescribed
regulations.
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Self-certification by Manufacturers
Certification Documentation:
Records of testing, where specified, as
specified, is the minimum acceptable in law.
Production and Quality Assurance
procedures and records.
Other records in support:
Engineering analysis, mathematical
modelling, computer simulations
recognized as valuable in development
cycle.
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Self-certification by Manufacturers
Certification Documentation:
Engineering analysis etc. are acceptable as:
A supplement to baseline (specified) testing to
rationalize scope and range.
If reasonable.
If practicable.
However, they are not a surrogate for specified
tests.
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Enforcement Through Selective
Compliance Monitoring
Designated inspectors administer and enforce
regulations to ensure;
 Manufacturers are meeting their responsibilities
under the MVSA.
 Vehicles and equipment conform to applicable
safety performance and fitment requirements, as
prescribed.
-------------------------------------------------------By means of Selective Compliance Monitoring.
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Enforcement Through Selective
Compliance Monitoring
 Selective compliance monitoring
is a safety enforcement
programme, targeting and
assessing both company and
product performance to the
applicable provisions of the
MVSA and MVSR, underpinned
by the Criminal Code of Canada.
 It is not a consumer information
programme rating individual
products.
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Enforcement Through Selective
Compliance Monitoring
 Transport Canada does not certify, approve rate or
endorse any motor vehicle or motor vehicle product.
 The presence of a particular vehicle or equipment model
in our enforcement programme cannot be construed as
either a concern or an endorsement by Transport
Canada.
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Enforcement Through Selective
Compliance Monitoring
Enforcement Stratagem:
Direct energies towards ensuring correction of noncompliances or safety-related defects, not on punitive
action.
Educate small manufacturers/importers and public on
regulatory requirements.
Adjust surveillance levels depending on safety risk.
Apply administrative sanctions first (NSM
authorization revocation, customs interdiction and
detention, removal of registration plates through
Provinces, etc).
Search and seize in support of prosecution as
necessary.
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Enforcement through Selective
Compliance Monitoring
Independent surveillance programmes comprise:
 Compliance enforcement testing:
A selective sampling of new vehicles and regulated
equipment purchased on the retail market.
 Compliance certification audits and inspections:
A selective sampling of representative test records,
and on-site inspections of test and production
facilities, and QC procedures.
 Defect Investigation and Analysis:
A responsive programme assessing public
complaints, accident and defect reports, and recall
initiatives.
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Selective Compliance Monitoring.
Which Vehicle ?
Which Test?
What Company?
What Info?
XRandom Sampling.
XStatistical Sampling.
Selective Sampling.
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Selective Compliance Monitoring
Selection Matrix Criteria:
Sales/market size.
Prior history.
Transport Canada.
U.S. NHTSA.
Accident/defect
investigations.
Public complaints.
New model/new
technologies.
New company.
Product knowledge.
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Selective Compliance Monitoring
Targeted Enforcement:
 Based on selection matrix criteria and
other external factors.
Responsive Enforcement;
 Based on compliance enforcement
testing, audit or inspection issues.
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Selective Compliance Monitoring
Enforcement Outcome:
A failure to meet prescribed
requirements may be deemed to be a
non-compliance and a safety-related
defect subject to the Notice of Defect
reporting provisions.
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Motor Vehicle Safety Act (MVSA)
Notice of Defect Provisions.
On becoming aware of a defect in the design,
construction or functioning of a vehicle or
regulated equipment that affects or is likely to
affect the safety of any person, the company
responsible for this product must give prescribed
notification to:
The Minister.
The person who has obtained such vehicle or
equipment from the company.
The current owner of record.
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Motor Vehicle Safety Act (MVSA)
Notice of Defect Provisions.
 Required Notice of Defect shall contain:
Description of defect.
An evaluation of the safety risk arising from the
defect.
Directions for correcting it.
Note:
While a product recall is not mandatory, market
pressures and public liability laws would suggest
corrective action is prudent after public notification of
defect.
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Enforcement Through Selective
Compliance Monitoring
The regulated motor vehicle industry in Canada:
3500+ Companies manufacture or import
vehicles or equipment subject to MVSA.
200+ Vehicle model line variants manufactured
or imported for the Canadian market each year.
1.6 million new vehicles sold in Canada each
year. (95% from 24 major automotive firms).
40k private vehicle importations into Canada.
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Transport Canada
Road Safety Directorate
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