Proposed Regulations Amending Motor Vehicle Safety Act  

As of January 1, 2019, Canada cannot adopt or maintain any prohibition or restriction on the importation of used vehicles from Mexico. Accordingly, the Vehicle Regulations are being amended to implement this obligation. Regulations amending certain regulations was published in the Canada Gazette Part 1, Vol.152
This amendment proposes to update the Vehicle Regulations to specify which vehicles may be imported from Mexico and to set out the conditions and the requirements under which these vehicles may be imported into Canada.

The proposed amendment would reduce trade barriers by amending the requirements related to temporary importation, vehicles imported from Mexico, and vehicles imported from the United States and Mexico for parts. This proposal is aligned with the NAFTA objectives to eliminate trade barriers and facilitate the cross-border movement of goods and services between Canada, the United States and Mexico, and delivers on specific commitments to remove barriers to the importation of used motor vehicles from Mexico.

Also, the proposed amendment would also clarify the requirements for vehicles and equipment imported temporarily for a prescribed purpose, and harmonize parts of the Regulations with the amended Act, such as sections 11 and 12 of the Vehicle Regulations and the provisions related to the national safety mark for tires. Allowing used vehicle imports from Mexico may make a greater number of used motor vehicles available to Canadians. The amended Vehicle Regulations would require that these vehicles satisfy specific Canadian safety requirements, and overall Transport Canada does not anticipate that the proposal would have a significant impact on the market for motor vehicles in Canada.

In addition, the proposed amendment would align Canada with the United States by adding a minimum speed for vehicles to exclude slow-moving vehicles, such as power-assisted bicycles, scooters and electric or low-speed all-terrain vehicles. This would clarify Transport Canada’s policy intent that these slow-moving vehicles are excluded from the Vehicle Regulations, as these vehicles travel at low speeds and are used off-road.

The definition of “restricted-use motorcycle” is also being amended to ensure that these types of vehicles will fall under the defect and recall regime. Finally, Transport Canada would allow tire manufacturers greater flexibility in respect of the TIN format, by keeping existing Canadian TIN configurations as well as allowing those introduced by the United States in its 2015 Final Rule regarding the TIN.

Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the Motor Vehicle Safety Act and its regulations.
Details of the proposed amendment is available here.

Contact information
Marie Williams-Davignon
Senior Regulatory Development Engineer
Motor Vehicle Safety
Transport Canada
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email:
[email protected]