Marginal note:Written notice
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, a written notice, in both official languages, that
(a) permits a retail purchaser to provide to the company, or to a duly authorized representative of the company, the retail purchaser’s name, mailing address and email address, the tire identification number and the date of purchase; and
(b) includes a safety message concerning the importance of providing the information.
Marginal note:On-line registration or card
(2) If the written notice does not permit the retail purchaser to provide the information to the company by means of an on-line registration system, the company must provide to the person who purchases the tire from the company a card that permits the retail purchaser to provide the information to the company at no-cost.
Marginal note:Information to be kept in registration system
(3) The registration system maintained by the company must consist of the information provided under paragraph (1)(a).
Marginal note:Minimum retention period
(4) The information kept in the registration system must be retained for at least five years after the day on which the tire is sold.
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
(a) the name of the manufacturer of the tire;
(b) the name, telephone number, postal address and email address of the company;
(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;
(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
(e) the date on which the tire was imported.
Marginal note: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.
Marginal note: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.
Marginal note:Used tires for large motor vehicles
(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
(a) is designed for use on a motor vehicle with a GVWR of more than 4 536 kg;
(b) is designed to fit on a rim that has a rim diameter greater than 406.4 mm; and
(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).
Marginal note: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.
Marginal note:Content of notice of defect
(a) the name, telephone number, postal address and email address of the company giving the notice of defect;
(b) the name of the manufacturer of the tire;
(c) the brand name, size designation, type and tire identification number for each tire for which the notice of defect is given, the period during which the tire was manufactured and any other information necessary to permit the identification of the tire;
(d) the estimated percentage of tires of the brand name, size designation and type referred to in paragraph (c) that potentially contain the defect;
(e) a description of the defect;
(f) a concise evaluation of the risk to the safety of persons that arises from the defect;
(g) a concise statement of the measures to be taken to correct the defect, including the instruction that the tire identification number not be removed unless the tire is destroyed or otherwise rendered permanently unusable;
(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:Notice requirements
(2) The notice of defect must be given in writing and, when it is to be given to a person other than the Minister, must be
Marginal note:Prescribed person
(3) For the purposes of subsection 10(1) of the Act, the person who obtained the tire from the company is a prescribed person.
Marginal note:Notice within 60 days
(4) The notice of defect must be given to the current owner and to the person who obtained the tire from the company as soon as possible after the company becomes aware of the defect, but no later than 60 days after the day on which the company becomes aware of it.
(5) A company must, within 30 days after the day on which it gives a notice of defect to the Minister under paragraph 10(1)(a) of the Act, submit to the Minister a report containing, in addition to the information required by subsection (1), the following information:
(a) the number of tires for which the notice of defect was given and the number of those tires for each size designation;
(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 of its location on the tire, with any related diagrams or illustrations.
Marginal note:Quarterly reports
(6) After submitting the report referred to in subsection (5), a company must, for a period of two years after the day on which it gives the notice of defect to the Minister, submit to the Minister quarterly reports containing the following information:
(a) the number, title or other identification assigned by the company to the notice of defect;
(b) the revised number of tires for which the notice of defect was given, if applicable;
(c) the dates on which notices of defect were given to the current owners of the affected tires;
(d) the number of tires inspected by or at the direction of the company;
(e) the number of tires found on inspection to contain the defect; and
(f) a statement setting out the manner in which the company disposed of the defective tires.
- SOR/2015-111, s. 4.
Transitional Provision, Consequential Amendment, Repeal and Coming into Force
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.
- Date modified: