Motor Vehicle Restraint Systems and Booster Seats Safety Regulations (SOR/2010-90)

Marginal note:Declaration

108. For the purposes of paragraph 5(1)(b) of the Act, a company that imports into Canada a restraint system or booster seat must make, at the nearest customs office that is open for business, a declaration signed by the company’s duly authorized representative that contains the following information:

• (a) the name of the manufacturer of the restraint system or booster seat;

• (b) the name and address of the company importing the restraint system or booster seat;

• (c) a statement that the restraint system or booster seat conformed to the requirements of these Regulations on the date of its importation;

• (d) a statement from the manufacturer or its duly authorized representative that the restraint system or booster seat conforms to the prescribed standards applicable on the date of manufacture;

• (e) the model name and number of the restraint system or booster seat;

• (f) the number of restraint systems and the number of booster seats imported at the same time; and

• (g) the date on which the restraint system or booster seat was imported.

Marginal note:Declaration before importation

109. For the purposes of paragraph 7(1)(a) of the Act, a person who imports into Canada a restraint system or booster seat, or the person’s duly authorized representative, must file with the Minister, before importation, a duly completed declaration in the form prescribed in Schedule 4.

Marginal note:Content of notice of defect

• 110. (1) The notice of defect referred to in subsections 10(1) and (3) of the Act must be given in writing and must contain the following information:

  • (a) the name and address of the company giving the notice;

  • (b) the name of the manufacturer of the restraint system or booster seat;

  • (c) the model name and number of each restraint system or booster seat in respect of which the notice is given and the prescribed class of equipment to which it belongs, the period during which the restraint system or booster seat was manufactured, and any other information necessary to permit the identification of the restraint system or booster seat;

  • (d) the estimated percentage of restraint systems or booster seats that potentially contain the defect;

  • (e) a description of the defect;

  • (f) an evaluation of the risk to the safety of persons arising from the defect;

  • (g) a statement of the measures to be taken to correct the defect;

  • (h) any conditions affecting the correction of the defect; and

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

• Marginal note:Content of report

  (2) A company must, within 30 days after the day on which it gives a notice of defect, submit to the Minister the report referred to in subsection 10(6) of the Act, which must contain, in addition to the information required by subsection (1), the following information:

  • (a) the number of restraint systems and the number of booster seats affected by the notice of defect and the number of those restraint systems and booster seats in each prescribed class of equipment;

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

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

  • (d) a detailed description of the nature of the defect and its location on the restraint system or booster seat, with any related diagrams or illustrations.

• Marginal note: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:

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

  • (b) the revised number of restraint systems and the revised number of booster seats affected by the notice of defect, if applicable;

  • (c) the dates on which notices of defect were given to the current owners of the restraint systems or booster seats;

  • (d) the number of restraint systems and the number of booster seats inspected by or at the direction of the company;

  • (e) the number of restraint systems and the number of booster seats found on inspection to contain the defect; and

  • (f) a statement outlining the manner in which the company disposed of the defective parts, restraint systems or booster seats.