Canada Gazette

Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), a copy of the proposed Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401), the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations and the Motor Vehicle Tire Safety Regulations, 1995, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on October 1, 2005, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 5 (see footnote b) and subsection 11(1) of the Motor Vehicle Safety Act (see footnote c), hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations.

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (INTRODUCTION OF TECHNICAL STANDARDS DOCUMENTS NOS. 106, 116, 118, 123, 124, 209, 302 AND 401) AND THE MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS

1. (1) The definitions "armour", "blister", "brake fluid", "brake hose", "brake hose assembly", "brake hose end fitting", "chipping", "ERBP", "free length", "grade", "hydraulic system mineral oil", "IRHD", "Motor Vehicle Safety Test Methods, section 106, "Brake Hoses"", "Motor Vehicle Safety Test Methods, section 116, "Hydraulic Brake Fluids"", "occupant compartment air space", "permanently attached hose end fitting", "power-operated roof panel", "rupture", "SAE Compatibility Fluid", "scuffing", "seat back retainer","sloughing", "stickiness", "Type 1", "Type 2", "Type 2A", "vacuum tubing connector" and "wet ERBP" in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 1) are repealed.

(2) The definitions "attachment hardware", "designated seating position", "H-point", "hardware", "occupant", "SAE" and "seat belt assembly" in subsection 2(1) of the Regulations are replaced by the following:

"attachment hardware" means the hardware designed for securing the webbing of a seat belt assembly to a vehicle; (pièces de fixation)

"designated seating position" means any plan view position capable of accommodating a person at least as large as a 5th percentile adult female where the overall seat configuration and design and the vehicle design are such that the position is likely to be used as a seating position while the vehicle is in motion, but does not include any plan view position of temporary or folding jump seats or other auxiliary seating accommodation; (place assise désignée)

"H-point" means the mechanically hinged hip point of a manikin that simulates the actual pivot centre of the human torso and thigh, described in SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995); (point H)

"hardware", when used in relation to a seat belt assembly, means any metal or rigid plastic part; (pièces)

"occupant" means a person or manikin seated in a vehicle and, unless otherwise specified, means a person or manikin having the dimensions and weight of a 95th percentile adult male; (occupant)

"SAE" means the Society of Automotive Engineers, Inc. (SAE International); (SAE)

"seat belt assembly" means any strap, webbing or similar device designed to secure a person in a vehicle in order to mitigate the results of any accident and includes all necessary buckles and other fasteners and all attachment hardware; (ceinture de sécurité)

(3) The definition "load limiter" in subsection 2(1) of the English version of the Regulations is replaced by the following:

"load-limiter" means a seat belt assembly component or seat belt assembly feature that controls tension on a seat belt to modulate the forces that are imparted to an occupant who is restrained by the seat belt assembly during a collision; (limiteur de charge)

(4) The definitions "rétracteur à blocage d'urgence", "rétracteur autobloquant" and "rétracteur sans blocage" in subsection 2(1) of the French version of the Regulations are replaced by the following:

« rétracteur à blocage d'urgence » Rétracteur auquel sont incorporées des pièces de réglage ayant un mécanisme de blocage qui est déclenché par l'accélération du véhicule, le mouvement des sangles par rapport au véhicule ou par toute autre action automatique se produisant en cas d'urgence, et qui peut, en position bloquée, supporter certaines forces de retenue. (emergency-locking retractor)

« rétracteur autobloquant » Rétracteur auquel sont incorporées des pièces de réglage ayant un mécanisme autobloquant qui peut, en position bloquée, supporter certaines forces de retenue. (automatic-locking retractor)

« rétracteur sans blocage » Rétracteur n'ayant pas de mécanisme de blocage, dont il est possible de tirer les sangles pratiquement à leur longueur maximale par l'application d'une force extérieure minime, qui n'assure aucun réglage de la longueur de la ceinture et qui n'a pas à supporter de forces de retenue lorsque les sangles sont tirées à leur longueur maximale. (non-locking retractor)

(5) Paragraph (d) of the definition "seating reference point" in subsection 2(1) of the Regulations is replaced by the following:

(d) is the reference point employed to position the H-point template with the 95th percentile leg, described in section 4.1 of SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995), or, if that template cannot be positioned, the reference point when the seat is in its rearmost adjustment position; (point de référence de position assise)

(6) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"AATCC" means the American Association of Textile Chemists and Colorists; (AATCC)

(i) a structure with a flat, vertical, unyielding impact surface that is of a size sufficient to ensure that no portion of a vehicle striking the surface projects or passes beyond the surface, and

(ii) a horizontal approach surface that does not impede vehicle motion during impact and that is of a size sufficient to ensure that a vehicle will be able to attain a stable attitude during its approach to the impact surface, and

(b) does not absorb any significant portion of the kinetic energy of a vehicle striking the impact surface; (barrière fixe pour essais de collision)

"front outboard designated seating position" means the driver's designated seating position and the forwardmost right outboard designated seating position, but does not include a school bus passenger designated seating position; (place assise désignée extérieure avant)

"head impact area" means the area described in subsection 201(1) of Schedule IV; (zone d'impact de la tête)

"head restraint" means a device that limits rearward angular displacement of the occupant's head relative to their torso line; (appuie-tête)

"outboard designated seating position" means a designated seating position where a longitudinal vertical plane tangent to the outboard side of the seat cushion is less than 305 mm from the innermost point on the inside surface of the vehicle, which point is located vertically between the seating reference point and the shoulder reference point and longitudinally between the front and rear edges of the seat cushion; (place assise désignée extérieure)

"power-operated roof panel system" means a panel or panels in the roof of a vehicle that move on slides or hinges, the opening or closing of which is operated by a power source within the vehicle, but does not include a convertible top system; (système de toit ouvrant à commande électrique)

"rear outboard designated seating position" means any outboard designated seating position that is to the rear of a front outboard designated seating position, but does not include a designated seating position adjacent to a walkway located between the seat and the side of the vehicle interior that is designed to allow access to more rearward seating positions; (place assise désignée extérieure arrière)

"semi-trailer" means a trailer constructed in such a manner that a substantial part of its weight rests upon or is carried by another vehicle by means of a fifth-wheel or similar coupling, but does not include a pole trailer, or any trailer designed to be drawn behind a passenger car or multi-purpose passenger vehicle; (semi-remorque)

"torso line" means the line connecting the H-point and the shoulder reference point, described in SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995); (ligne de torse)

"Type 1 seat belt assembly" means a pelvic restraint; (ceinture de sécurité de type 1)

"Type 2 seat belt assembly" means a combination pelvic and upper torso restraint; (ceinture de sécurité de type 2)

"Type 2A shoulder belt" means an upper torso restraint for use only in conjunction with a pelvic restraint to constitute a Type 2 seat belt assembly; (ceinture diagonale de type 2A)

"5th percentile adult female" means a person having as physical characteristics a mass of 46.3 kg, height of 1499 mm, erect sitting height of 785 mm, normal sitting height of 752 mm, hip sitting breadth of 325 mm, hip sitting circumference of 925 mm, waist sitting circumference of 599 mm, chest depth of 191 mm, bust circumference of 775 mm, chest upper circumference of 757 mm, chest lower circumference of 676 mm, knee height of 455 mm, popliteal height of 356 mm, elbow rest height of 180 mm, thigh clearance height of 104 mm, buttock-to-knee length of 518 mm, buttock-to-poples length of 432 mm, elbow-to-elbow breadth of 312 mm and seat breadth of 312 mm; (5^e percentile adulte du sexe féminin)

"50th percentile adult male" means a person having as physical characteristics a mass of 74.4 kg plus or minus 1.4 kg, erect sitting height of 907 mm plus or minus 3 mm, hip sitting breadth of 373 mm plus or minus 18 mm, hip sitting circumference of 1067 mm, waist sitting circumference of 813 mm plus or minus 15 mm, chest depth of 236 mm plus or minus 5 mm and chest circumference of 950 mm plus or minus 15 mm; (50^e percentile adulte du sexe masculin)

"50th percentile six-year-old child" means a person having as physical characteristics a mass of 21.5 kg, erect sitting height of 645 mm, hip sitting breadth of 213 mm, hip sitting circumference of 607 mm and waist sitting circumference of 528 mm; (50^e percentile enfant de six ans)

"95th percentile adult male" means a person having as physical characteristics a mass of 97.5 kg, height of 1849 mm, erect sitting height of 965 mm, normal sitting height of 930 mm, hip sitting breadth of 419 mm, hip sitting circumference of 1199 mm, waist sitting circumference of 1080 mm, chest depth of 267 mm, chest circumference of 1130 mm, knee height of 594 mm, popliteal height of 490 mm, elbow rest height of 295 mm, thigh clearance height of 175 mm, buttock-to-knee length of 640 mm, buttock-to-poples length of 549 mm, elbow-to-elbow breadth of 506 mm and seat breadth of 404 mm. (95^e percentile adulte du sexe masculin)

2. The portion of item 118 of Schedule III to the Regulations in Column II is replaced by the following:

3. The portion of item 302 of Schedule III to the Regulations in Column II is replaced by the following:

4. Schedule III to the Regulations is amended by adding the following after item 305:

6. Section 106 of Schedule IV to the Regulations and the heading before it are replaced by the following:

106. (1) Every brake hose, brake hose assembly and brake hose end fitting with which a passenger car, multi-purpose passenger vehicle, truck, bus, low-speed vehicle, three-wheeled vehicle and enclosed motorcycle are equipped shall conform to the requirements of Technical Standards Document No. 106, Brake Hoses (TSD 106), as amended from time to time.

(2) A reference in TSD 106 to a standard published by ASTM that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

7. Section 116 of Schedule IV to the Regulations and the heading before it are replaced by the following:

116. (1) The hydraulic brake system of a vehicle shall contain brake fluid that conforms to the requirements of Technical Standards Document No. 116, Motor Vehicle Brake Fluids (TSD 116), as amended from time to time.

(2) A reference in TSD 116 to a standard published by ASTM that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

8. Section 118 of Schedule IV to the Regulations and the heading before it are replaced by the following:

118. (1) Every power-operated window system, power-operated partition system and power-operated roof panel system fitted on an enclosed motorcycle, a passenger car, a three-wheeled vehicle or on a multi-purpose passenger vehicle or a truck with a GVWR of 4 536 kg or less shall conform to the requirements of Technical Standards Document No. 118, Power-Operated Window, Partition, and Roof Panel Systems (TSD 118), as amended from time to time.

(2) However, vehicles manufactured before October 1, 2010, need not comply with the requirements of section S6 of TSD 118.

9. The heading before section 123 of Schedule IV to the Regulations is replaced by the following:

10. Sections 123 and 124 of Schedule IV to the Regulations are replaced by the following:

123. (1) Every motorcycle, except those designed and sold exclusively for use by law enforcement agencies, shall conform to the requirements of Technical Standards Document No. 123, Motorcycle Controls and Displays (TSD 123), as amended from time to time.

(4) Item 12 of Table 3 to TSD 123 applies to manual fuel tank shutoff valves only.

(5) Any control or display that is not listed in Table 3 to TSD 123 and for which no other identification requirements are specified in these Regulations shall, if identified, be identified by the corresponding symbol set out in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time.

(6) Any control or display for which a symbol is not specified in Table 3 to TSD 123 or in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time, may be identified by a symbol designed by the manufacturer in compliance with the principles specified in that Standard.

(7) Wherever the term "motorcycle" is used in International Standard ISO 6727, Road vehicles — Motorcycles — Symbols for controls, indicators and telltales, as amended from time to time, it shall have the same meaning as "motorcycle" in subsection 2(1) of these Regulations.

(8) The words and abbreviations that must be displayed under this section shall be displayed in both official languages. However, if there is insufficient space to display the words or abbreviations identifying the ignition, tachometer or fuel tank shutoff valve in both official languages in a readily visible manner, they may be displayed in one official language only.

(9) The symbols and abbreviations used to identify the controls and displays of a motorcycle shall be provided in writing in the English and French versions of the owner's manual, accompanied by a full explanation.

(10) Despite the requirements of item 8 of Table 3 to TSD 123, a speedometer fitted on a motorcycle shall be calibrated in kilometres per hour or in kilometres per hour and miles per hour. Digital speedometers that switch between kilometres per hour and miles per hour are permitted if the unit of measure is identified.

(11) In the case of analogue speedometer displays, the kilometre-per-hour scale on the speedometer shall increase in a clockwise direction. Major graduations and numerals shall appear at 10- or 20-kilometre-per-hour intervals and minor graduations at 5- or 10-kilometre-per-hour intervals.

(12) An odometer or trip odometer installed on a motorcycle adjacent to the speedometer shall display distances in the same unit of measure as that of the predominant speedometer scale. If the odometer or trip odometer is not adjacent to the speedometer or switches between kilometres and miles independently of the speedometer, the odometer or trip odometer shall display distances in kilometres or miles and shall identify the unit of measure used.

(14) Despite section S5.2.5 of TSD 123, it is not necessary for the footrest for a passenger on a motor tricycle to fold rearward and upward when not in use.

(15) A turn signal lamp display fitted on a motorcycle shall be green or yellow.

124. (1) Every passenger car, multi-purpose passenger vehicle, three-wheeled vehicle, truck and bus shall conform to the requirements of Technical Standards Document No. 124, Accelerator Control Systems, as amended from time to time.

11. (1) Subsection 202(1) of Schedule IV to the Regulations is replaced by the following:

202. (1) In this section, "H-point machine" and "H-point template" have the same meaning as in SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995).

(2) Paragraph 202(3)(d) of Schedule IV to the Regulations is replaced by the following:

(d) at each designated seating position having a head restraint, the dummy shall be placed in the manufacturer's recommended design seated position and snugly restrained by a Type 1 or Type 2 seat belt assembly that meets the requirements of section 209;

12. (1) Paragraph 208(3)(b) of Schedule IV to the Regulations is replaced by the following:

(b) when the seat is placed in the forward-facing direction, has a Type 2A shoulder belt that can be adjusted by means of an emergency-locking retractor.

(2) Paragraph 208(14)(b) of Schedule IV to the French version of the Regulations is replaced by the following:

b) aux autres places assises désignées, s'ajuster au corps de tout occupant dont la taille est comprise dans la gamme allant du 50^e percentile enfant de six ans au 95^e percentile adulte du sexe masculin.

13. Section 209 of Schedule IV to the Regulations and the heading before it are replaced by the following:

209. (1) Every passenger car, multi-purpose passenger vehicle, truck, bus, low-speed vehicle, three-wheeled vehicle and enclosed motorcycle shall be equipped with seat belt assemblies that conform to the requirements of Technical Standards Document No. 209, Seat Belt Assemblies (TSD 209), as amended from time to time.

(2) The pelvic restraint of a Type 2 manual seat belt assembly that is equipped with a detachable upper torso restraint shall meet all requirements for a Type 1 seat belt assembly set out in these Regulations.

(3) The webbing of a seat belt assembly shall not transfer colour to a crock cloth, either wet or dry, to a greater degree than Rating 3 on the Chromatic Transference Scale specified in AATCC Evaluation Procedure 8, AATCC 9-Step Chromatic Transference Scale (2002 revision).

(4) Compliance of the webbing of a seat belt assembly with the requirements of subsection (3) shall be determined by testing the webbing from three seat belt assemblies in accordance with the procedure specified in AATCC Test Method 8-2005, Colorfastness to Crocking: AATCC Crockmeter Method.

(5) The webbing of a seat belt assembly shall not stain to a greater degree than Rating 2 on the Chromatic Transference Scale specified in the AATCC Evaluation Procedure 8, AATCC 9-Step Chromatic Transference Scale (2002 revision).

(6) Compliance of the webbing of a seat belt assembly with the requirements of subsection (5) shall be determined by testing the webbing from three seat belt assemblies in accordance with the procedure specified in AATCC Test Method 107-2002, Colorfastness to Water, except:

(d) the AATCC Chromatic Transference Scale shall be used to evaluate the staining of the multifiber test fabric.

(7) A reference in TSD 209 to a standard published by ASTM or AATCC that is set out in column 1 of the table to this subsection may be read as a reference to the standard set out opposite that standard in column 2 of the table.

(8) For the purposes of section S4.1(e) of TSD 209, the first sentence of the section shall be read without reference to the words "readily accessible to the occupant to permit his easy and rapid removal from the assembly".

(10) The instructions referred to in section S4.1(l) of TSD 209 shall be provided in the English and French versions of the owner's manual.

(11) The requirements relating to non-locking retractors provided in sections S4.1(l), S4.3(h) and S5.2(h) and (k) of TSD 209 do not apply.

(12) A Type 1 or Type 2 seat belt assembly that includes a load-limiter and that does not meet the elongation requirements of sections S4.2(c), S4.4(a)(2) or S4.4(b)(4) or (5) of TSD 209 may be installed only at a front outboard seating position that is equipped with a frontal air bag.

14. The portion of subsection 210(5) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(5) In the case of each non-adjustable seat belt anchorage for the upper end of an upper torso restraint, the intersection of the longitudinal centreline of the bolt hole and the surface of the mounting structure or, in designs using another means of attachment to the vehicle structure, the centroid of the means shall be located within the range indicated in section 6.1 of SAE Recommended Practice J383, Motor Vehicle Seat Belt Anchorages — Design Recommendations (June 1995), with reference to an H-point template described in section 4.1 of SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995), where

15. The portion of subsection 210.1(5) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(5) Subject to subsections (6) and (7), the portion of each user-ready tether anchorage that is designed to bind with a tether strap hook shall be located within the shaded zone, as shown in Figures 3 to 7, of the designated seating position for which it is installed, with reference to the H-point of a template described in section 4.1 of SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995), if

16. Subsections 213.4(12) and (13) of Schedule IV to the Regulations are replaced by the following:

(12) The webbing of belts that are provided with a built-in child restraint system and used to restrain a child within the system shall

(a) after being subjected to abrasion as specified in section S5.3(c) of TSD 209 have a breaking strength of not less than 75 per cent of the strength of the unabraded webbing;

(b) meet the requirements of sections S4.2(e) and (f) of TSD 209 and subsections 209(4) to (7) of Schedule IV to these Regulations; and

(c) if contactable by the torso of the anthropometric test device when the system is tested dynamically, have a width of not less than 38 mm (11/2 inches) when measured as specified in section S5.1(a) of TSD 209.

(13) Every belt buckle and item of belt adjustment hardware used in a built-in child restraint system shall conform to the requirements of sections S4.3(a)(1) and (2) and S4.3(b) and (g) of TSD 209.

17. The portion of paragraph 214(4)(c) of Schedule IV to the Regulations before subparagraph (i) is replaced by the following:

(c) the side doors of a vehicle where, with an H-point template described in section 4.1 of SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995) positioned in any seat, the seat adjusted to any position and the seat back placed in accordance with subsection (6),

18. Section 302 of Schedule IV to the Regulations and the heading before it are replaced by the following:

302. (1) The interior materials of every passenger car, multi-purpose passenger vehicle, three-wheeled vehicle, truck and bus shall conform to the requirements of Technical Standards Document No. 302, Flammability of Interior Materials, as amended from time to time.

19. Schedule IV to the Regulations is amended by adding the following after section 305:

401. (1) Every passenger car and three-wheeled vehicle shall conform to the requirements for passenger cars set out in Technical Standards Document No. 401, Interior Trunk Release (TSD 401), as amended from time to time.

(2) However, vehicles manufactured before September 1, 2010, need not be equipped with an interior trunk release.

(3) This section does not apply to vehicles equipped with a back door, as defined in section S3 of TSD 401.

20. Paragraph 505(4)(b) of Schedule IV to the Regulations is replaced by the following:

(b) a 50th percentile adult male anthropomorphic test device or an equivalent mass is located at every front outboard designated seating position but, if an equivalent mass is used, its centre of mass shall coincide, within 12 mm in the vertical dimension and 12 mm in the horizontal dimension, with a point 6 mm below the position of the H-point as determined by using the equipment and procedures specified in SAE Standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation (July 1995), except that the length of the lower leg and thigh segments of the H-point machine shall be adjusted to 414 mm and 401 mm, respectively, instead of the 50th percentile values specified in Table 1 of that standard; and

21. The Regulations are amended by replacing the expression "Motor Vehicle Test Methods, Section 213.4, "Built-in Child Restraint System and Built-in Booster Cushion" (October 15, 1993)" with the expression "Test Method 213.4 — Built-In Child Restraint Systems and Built-In Booster Cushions (January 2007)" wherever it occurs in the following provisions:

22. The French version of the Regulations is amended by replacing the expressions "compteur de vitesse" and "compteurs de vitesse" with the expressions "indicateur de vitesse" and "indicateurs de vitesse", respectively, wherever they occur in the following provisions:

(d) Table II to subsection 101(20) of Schedule IV under the heading "Affichage".

23. Subsection 1(1) of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 2) is amended by adding the following in alphabetical order:

"TSD 209" means Technical Standards Document No. 209, Seat Belt Assemblies, referred to in subsection 209(1) of the Motor Vehicle Safety Regulations. (DNT 209)

24. Subsection 9(1) of Schedule 3 to the Regulations is replaced by the following:

9. (1) Every belt buckle and piece of adjustment hardware and every tether strap attachment and piece of adjustment hardware used in a child restraint system must conform to the requirements of sections S4.3(a)(2) and (b) of TSD 209.

25. Section 10 of Schedule 3 to the Regulations is replaced by the following:

10. The webbing of belts provided with a child restraint system and used to secure the system to a vehicle or to restrain a child within the system must

(a) after being subjected to abrasion as specified in section S5.3(c) of TSD 209, have a breaking strength of not less than 75 per cent of the strength of the unabraded webbing;

(b) meet the requirements of sections S4.2(e) and (f) of TSD 209 and subsections 209(4) to (7) of Schedule IV to the Motor Vehicle Safety Regulations; and

(c) if contactable by the torso of an anthropomorphic test device when the system is tested dynamically, have a width of not less than 38 mm when measured as specified in section S5.1(a) of TSD 209.

26. Subsection 7(2.1) of Schedule 4 to the Regulations is replaced by the following:

(2.1) Every belt buckle and piece of adjustment hardware and every tether strap attachment and piece of adjustment hardware used in an infant restraint system must conform to the requirements of sections S4.3(a)(2) and (b) of TSD 209.

27. Section 8 of Schedule 4 to the Regulations is replaced by the following:

8. The webbing of belts and any tether strap that are provided with an infant restraint system and are used to secure the system to the vehicle or to restrain an infant within the system must

(a) after being subjected to abrasion as specified in section S5.3(c) of TSD 209, have a breaking strength of not less than 75 per cent of the strength of the unabraded webbing;

(b) meet the requirements of sections S4.2(e) and (f) of TSD 209 and subsections 209(4) to (7) of Schedule IV to the Motor Vehicle Safety Regulations; and

(c) if contactable by the torso of an anthropomorphic test device when the system is tested dynamically, have a width of not less than 38 mm when measured as specified in section S5.1(a) of TSD 209.

28. Subsections 2.1(2) and (3) of Schedule 5 to the Regulations are replaced by the following:

(2) Every tether strap attachment and piece of adjustment hardware used in a booster cushion must conform to the requirements of sections S4.3(a)(2) and (b) of TSD 209.

(3) Every tether strap that is provided with a booster cushion to secure it to the vehicle must

(a) after being subjected to abrasion as specified in section S5.3(c) of TSD 209, have a breaking strength of not less than 75 per cent of the strength of the unabraded webbing; and

(b) meet the requirements of sections S4.2(e) and (f) of TSD 209 and subsections 209(4) to (7) of Schedule IV to the Motor Vehicle Safety Regulations.

29. Section 1 of Schedule 6 to the Regulations is replaced by the following:

1. In this Schedule, "Test Method 213.3" means Test Method 213.3 — Restraint Systems for Disabled Persons (January 2007).

30. Subsection 7(2) of Schedule 7 to the Regulations is replaced by the following:

(2) Every belt buckle and all the belt adjustment hardware used in a restraint system for infants with special needs must conform to the requirements of sections S4.3(a)(2) and (b) of TSD 209.

31. Section 8 of Schedule 7 to the Regulations is replaced by the following:

8. The webbing of belts provided with a restraint system for infants with special needs and used to secure the system to the vehicle or to restrain the infant within the system must

(a) after being subjected to abrasion as specified in section S5.3(c) of TSD 209, have a breaking strength of not less than 75 per cent of the strength of the unabraded webbing;

(b) meet the requirements of sections S4.2(e) and (f) of TSD 209 and subsections 209(4) to (7) of Schedule IV to the Motor Vehicle Safety Regulations; and

(c) if contactable by the torso of an anthropomorphic test device when the system is tested dynamically, have a width of not less than 38 mm when measured as specified in section S5.1(a) of TSD 209.

32. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

This amendment introduces eight technical standards documents (TSD) that reproduce the counterpart U.S. Federal Motor Vehicle Safety Standards, as published by the Department of Transportation in the U.S. Code of Federal Regulations (CFR). These eight technical standards documents (TSDs) are incorporated by reference in the Motor Vehicle Safety Regulations (MVSR), and because of cross-references, consequential amendments have also been made to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR), as well as to two test methods (TM). In addition, all the definitions that were contained in section 100 of Part I of Schedule IV of the MVSR have been moved to the Interpretation section, where most of the other definitions in the MVSR already reside, and section 100 has been abrogated.

The Motor Vehicle Safety Act (MVSA) defines a TSD as a document that "reproduces in the official languages of Canada an enactment of a foreign government with such adaptations of form and reference as will facilitate" its incorporation by reference. As specified in the MVSA, the MVSR may extend, qualify, or exclude provisions of a TSD, as well as add unique Canadian requirements, when necessary. These differences are specified in the companion section of the MVSR.

As explained in the introduction section to every TSD, its content may be adapted to the Canadian context, for which the following conventions are normally used. When text is added to a TSD, the inserted words, phrases, or sentences are underlined. When provisions consisting of short strings of text do not apply in Canada, they are struck out, and when an entire passage does not apply, it is usually replaced by the phrase "Content Deleted". Where a term that is defined in the foreign enactment is already used and defined in the MVSR, it is struck from the Definitions section of the TSD, and a footnote directs the reader to the applicable definition in subsection 2(1) of the MVSR. Minor editorial changes, which are not usually indicated, may be made to the foreign text to correct typographical errors and inconsistencies in punctuation. The initial version of a TSD is designated as "Revision 0," with subsequent revisions numbered sequentially.

One important advantage of a TSD is that, once in force, it may be revised in a timely fashion in response to changes made by the originating government. When a TSD is revised, it is sufficient to publish a Notice in the Canada Gazette, Part I, informing the public of the new revision and to post the new revision on Transport Canada's Web site. The effective date of a revised TSD is the publication date of the Notice in the Canada Gazette, Part I; the mandatory compliance date, the day on which a new revision comes into full force, is six months later. A grace period of six months is always accorded in order to provide the automotive industry with sufficient time in which to implement any necessary changes.

Of the eight TSDs that are being introduced in this amendment, seven replace the requirements that were previously contained in the related sections of the MVSR. Four of the TSDs also replace four TMs that were incorporated by reference in the MVSR. In addition, this amendment introduces a new provision, section 401, Interior Trunk Release, along with TSD 401 of the same title. The following TSDs are now incorporated by reference in their companion sections of the MVSR:

The effective date of these eight TSDs is the date of publication of this amendment in the Canada Gazette, Part II, and the mandatory compliance date is six months later. According to the requirements of the MVSA, all sections of the MVSR that incorporate a TSD by reference must expire no later than five years after the day on which they come into force. The sections of the MVSR incorporating these eight TSDs will all expire on January 1, 2012.

A description follows of the purpose and content of the eight TSDs, along with an explanation of Canada's unique requirements where they have been deemed necessary.

Section 106 of the MVSR and TSD 106 govern the performance requirements for motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings. The purpose of these provisions is to reduce the injuries and deaths that may occur as a result of a brake system failure due to pressure or vacuum loss caused by the rupture of a hose or hose assembly. The U.S. regulatory text upon which TSD 106 is based governs both newly manufactured and replacement brake hoses, assemblies, and end fittings. However, the regulatory authority under the MVSA is restricted to motor vehicle equipment installed on newly manufactured motor vehicles, and the stipulations in the TSD that govern the labelling of after-market brake hoses, brake hose assemblies, and brake hose end fittings would not apply in Canada. These requirements have, therefore, been struck or deleted from the TSD.

As a result of the introduction of TSD 106, several terms that were defined in subsection 2(1) of the MVSR and that applied only to section 106 will be repealed because the TSD contains similar or identical definitions for these terms. The repealed terms are: "armour," "brake hose," "brake hose assembly," "brake hose end fitting," "free length," "permanently attached hose end fitting," "rupture," and "vacuum tubing connector". The expression "Motor Vehicle Safety Test Methods, section 106, 'Brake Hoses'" has also been removed because TM 106 is replaced by the TSD.

TSD 106 incorporates by reference editions of three standards published by the American Society for Testing and Materials that are no longer available from the Society. Consequently, section 106 of the MVSR allows manufacturers to use either the version of the standard that is cited in the TSD or the most recent edition that is listed in the Table in subsection 106(2) of the MVSR; the new editions are essentially the same as those cited in the TSD. Should the most recent versions be discontinued, the Government of Canada (Government) will amend section 106 of the MVSR as necessary.

Section 116 of the MVSR and TSD 116 govern the fluids that may be used in the hydraulic brake systems of motor vehicles, and its purpose is to reduce failures in hydraulic brake systems caused by defective or contaminated brake fluid. In addition to regulating the fluids themselves, the U.S. also specifies provisions for their containers and the labelling of those containers. However, there is no authority under the MVSA to regulate these containers or their labelling. As a result, the related clauses have been struck or deleted from the TSD.

Because the terms "blister," "brake fluid," "chipping," "hydraulic system mineral oil," "SAE Compatibility Fluid," "scuffing," "sloughing," and "stickiness" are all defined in TSD 116 and not used elsewhere in the MVSR, these definitions have been eliminated from subsection 2(1). The definitions of the terms "ERBP," "grade," "IRHD," "Motor Vehicle Safety Test Methods, section 116, 'Hydraulic Brake Fluids'" and "wet ERBP," are also repealed, as the introduction of the TSD renders them unnecessary.

This amendment changes the title of section 116 of the MVSR to correspond to that of the TSD, which is Motor Vehicle Brake Fluids in English and Liquides de frein pour véhicules automobiles in French. The French term that is used for "brake fluid" has also been revised; it is now "liquide de frein," whereas the term that was proposed in the Canada Gazette, Part I, was "liquide pour frein". The French version of section 116 and the French version of the TSD have been revised accordingly.

TSD 116 makes reference to nine standards that are published by the American Society for Testing and Materials (ASTM), all of which are no longer available from the ASTM in the versions that are cited. In order to ensure that brake fluid manufacturers will have access to these standards, section 116 of the MVSR allows the use of the most recent editions, as it is done for TSD 106. In two instances, the cited standards have been discontinued and replaced by new equivalents. With regard to the TSD, the reference to "S6.4.7," which appears in S6.3.2(a), has been corrected to read "S6.3.7," and S6.10.3(b), which has been inadvertently omitted from the U.S. CFR since the 1994 edition, has been reinstated.

Technical Standards Document No. 118, Power-Operated Window, Partition, and Roof Panel Systems

The purpose of section 118 of the MVSR is to minimize the likelihood of injury or death from the accidental operation of power-operated window, partition, and roof panel systems. TSD 118 includes all the previous requirements of section 118 of the MVSR, with two minor differences. The regulation was silent with regard to the distance at which a remote actuation device was allowed to operate, while the U.S. sets a limit of six meters. The second difference was that Canada permitted two reversal positions for a window, partition, or roof panel if it contacted an object while closing, whereas the U.S. allows three positions. The Government believes that these differences are minimal and that adopting the U.S. requirements will not affect the level of road safety in Canada.

In addition to including the previous stipulations of section 118 of the MVSR, the TSD also contains the text of the two U.S. Final Rules (FR) that were published by the U.S. Department of Transportation in the Federal Register on September 15, 2004, and that of the FR published on April 12, 2006. The first of these FRs added section S6, a new test procedure, to the U.S. safety standard in order to prevent injury, in particular to children, due to the inadvertent actuation of power window, partition, and roof panel switches (see footnote 3). Because the new requirements will necessitate the redesign of the switches in some vehicles, the U.S. deferred the implementation of section S6 until October 1, 2008, with voluntary compliance permitted beforehand.

In the FR that were published in the Federal Register on April 12, 2006, the U.S. expanded and clarified the new test procedure (see footnote 4), which prompted a request, in May 2006, for the implementation date of section S6 to be further delayed to October 1, 2010. In view of this request and the possibility that further changes may be made to the test procedure, subsection 118(2) of the MVSR specifies a mandatory compliance date of October 1, 2010, for section S6 of the TSD. The other provisions of the TSD will be mandatory six months after the publication of these amending regulations in the Canada Gazette, Part II.

TSD 118 also includes the changes that were made by the U.S. in the second FR that was published on September 15, 2004 (see footnote 5). The FR included amendments made to section S5 and the new test procedure, which was added in section S7 for evaluating automatic reversal systems that use infrared reflectance. It has been clarified that the testing rods to be used for assessing light beam interruption reversal systems are not to be transparent.

In response to a request from the automotive manufacturers, the Government has revised the proposed term "power-operated roof panel" and its definition, which are being added to subsection 2(1) of the MVSR. In order to make the term more comprehensive, the word "system" has been added so that it now reads "power-operated roof panel system," and the definition now specifically excludes convertible top systems.

The heading that precedes section 118 of the MVSR has been revised slightly to simplify it and to make it consistent with the title of its associated TSD. The title of the French version of section 118 and the TSD, as well as the related terminology, have been changed to be more technically correct and to better reflect the English version.

TSD 123 includes requirements for the location, operation, identification, and illumination of motorcycle controls and displays, as well as for the location and operation of motorcycle stands and footrests. The purpose of these provisions is to reduce accidents due to operator error by standardizing the important controls and displays for motorcycles. Section 123 of the MVSR, which incorporates TSD 123 by reference, continues to apply to all four sub-classes of motorcycle that were created by the amendment that was published in the Canada Gazette, Part II, on August 13, 2003. Therefore, the TSD applies to: enclosed motorcycles, limited-speed motorcycles, motor tricycles, and open motorcycles.

Although the previous requirements of section 123 of the MVSR and the provisions of the U.S. safety standard were essentially the same, the Canadian regulation included a number of additional clauses that have been retained. In particular, section 123 of the MVSR continues to specify mandatory control equipment for motorcycles, which includes a horn, fuel tank shutoff valve, twist-grip throttle, front and rear wheel brake, and an ignition switch. In the case of limited-speed motorcycles, the ignition switch is optional.

With regard to the identification of controls and displays, it is the Government's policy to encourage the use of symbols whenever possible. Consequently, section 123 continues to require that, for any control or display that is identified but not listed in Table 3 to TSD 123 and for which the Regulations make no specification, manufacturers must use the symbols provided in the International Organization for Standardization – ISO 6727, Road Vehicles — Motorcycles — Symbols for controls, indicators and tell-tales. Where ISO 6727 provides no suitable symbol, manufacturers are obliged to follow the principles outlined in the Standard when creating a pictograph.

Because the speed limits and other distance information on Canadian roadways are posted in metric units, the previous stipulation that kilometers per hour be displayed on speedometers has also been retained. However, it is permissible for motorcycles to be equipped with speedometers that display both kilometers per hour and miles per hour or that allow the operator to choose the unit. In addition, odometers and trip odometers are allowed to display distances in either kilometers or miles, as long as the unit of measure is indicated. When odometers and trip odometers are located beside the speedometer, they must display distances in the same unit as that which predominates on the speedometer. The stipulation that motorcycle turn signal lamps be green or yellow has also been kept.

In accordance with the provisions of the Official Languages Act (OLA), section 123 of the MVSR specifies a new requirement for the words and abbreviations on controls and displays to be in both official languages. Since TSD 123 does not provide a symbol for the ignition and tachometer displays, an exception has been granted that permits the words and abbreviations used to identify them to be in one official language, if there is insufficient space for both. This exception also applies to the display for the fuel tank shutoff valve because the stipulated symbol is unsuitable for some models of motorcycle. In order to ensure that the symbols and abbreviations used on motorcycle controls and displays will be properly understood by the operator, it is required that the English- and French-language versions of the owner's manual provide a full explanation of their meaning.

TSD 123 includes the amendment published by the U.S. on August 30, 2005, with respect to scooters that do not have a clutch and to motorcycles with single-point braking for supplemental rear brake controls (see footnote 6). As a result, the requirements that were set out in proposed subsection 123(4) of the MVSR, which were specifically requested by the interested stakeholders, are no longer necessary.

TSD 124 contains the previous provisions of section 124 of the MVSR and continues to specify that the throttle of a vehicle must return to the idle position when the accelerator control is released, or in the event of a severance or disconnection in the accelerator control system. The purpose of this requirement is to reduce the injuries and deaths that may result from engine over speed due to a malfunction in the accelerator control system. Since the former requirements of section 124 of the MVSR and those of the U.S. safety standard were the same, the adoption of this TSD does not change Canada's provisions governing accelerator control systems.

Section 209 of the MVSR sets design and a performance requirement for seat belt assemblies, which includes the webbing, retractors, load-limiters, hardware, buckles, and release mechanisms. Canada's previous stipulations, which were set out in section 209 of the MVSR and in a TM, differed somewhat from those of the U.S., and several of these differences have been maintained in order to preserve the existing level of safety. Formerly, subsection 209(3) of the MVSR subjected the lap portion of a Type 2 seat belt assembly with a detachable upper torso restraint to the same requirements as a Type 1 assembly (see footnote 7). In order to ensure that the lap belt will provide adequate protection when the shoulder belt is not in place, this provision is retained in subsection 209(2). Maintaining this stipulation does not add any requirements or increase the burden on manufacturers.

Section 209 of the MVSR also retains the colourfastness requirements for the webbing of seat belt assemblies, which are intended to prevent the staining of motorists' clothing. Until 1996, the U.S. safety standard included these provisions, which were rescinded on the assumption that manufacturers would continue to voluntarily ensure that webbing was colourfast in order to preserve the public's acceptance of seat belts. Canada wishes to further increase its rate of seat belt use; therefore, it is important that there be no deterrence, however small, to the wearing of seat belts, and for this reason, the colourfastness requirements have been kept. The regulation cites the most recent versions of the two American Association of Textile Chemists and Colorists (AATCC) test methods, as well as AATCC Evaluation Procedure 8, which are incorporated by reference in the MVSR subsections 209(3) to (6).

Another difference between the U.S. and Canadian standards pertains to load-limiters, which allow seat belts to yield in a severe collision in order to reduce the likelihood of chest injury due to compression by the shoulder belt. In order to permit their use, S4.5(a) of U.S. safety standard No. 209 provides that seat belt assemblies equipped with load-limiters need not comply with the elongation requirements of the standard. Because seat belts with load-limiters are designed to be used in conjunction with air bags, S4.5(b) of the U.S. safety standard specifies that these seat belt assemblies may be installed only at seating positions that are subject to the frontal barrier crash test set out in U.S. safety standard No. 208, which stipulates that vehicles must be equipped with air bags at the front outboard seating positions. Since Canada does not mandate the installation of frontal air bags, it was necessary to delete S4.5(b) from TSD 209 and to substitute the equivalent requirement in subsection 209(12) of the MVSR. This provision specifies that a seat belt assembly that does not meet the elongation provisions may only be installed at a front outboard seating position that is equipped with an air bag.

In response to a request that was made by the CVMA prior to the pre-publication of this amendment, the Government has rescinded the related stipulation for seat belt assemblies that do not conform to the elongation requirements to be marked with a statement warning that they may be installed only in conjunction with an air bag. The Government does not believe that eliminating this clause, which was set out in the former MVSR subparagraph 209(29)(b)(ii), will diminish safety.

The previous Canadian and the existing U.S. requirements also differed with regard to the exemptions given in S4.6 of the U.S. safety standard No. 209 for vehicles that have passed the frontal rigid barrier test mandated under the U.S. safety standard No. 208. In S4.6(a)(1), the U.S. exempts an assembly that is installed without an air bag in compliant vehicles from having to meet the webbing width, breaking strength, elongation, and resistance to abrasion, light, and micro-organism provisions of S4.2(a) to (f), as well as those contained in S4.4, which specify the forces that the assembly must be capable of withstanding when arranged in the form of a loop. Furthermore, in S4.6(a)(2), the U.S. exempts seat belt assemblies at seating positions equipped with air bags in vehicles that have passed the frontal barrier test from the elongation requirements of the safety standard. As the former section 209 of the MVSR did not allow any of these exemptions, and since the Government continues to consider that these requirements are important to safety, in particular the resistance to abrasion, light, and micro-organism provisions, which address the durability of the webbing over time, the content of S4.6 of the U.S. standard has been struck from TSD 209.

In the proposed TSD 209, "M12" was added to S4.1(f) and S5.2(c)(1) in order to more precisely specify the metric equivalent of the attachment bolts and the threaded holes. In response to comments made by two of the respondents, "M12" has been removed because this suggested addition was widely interpreted as imposing an additional requirement, which was not the intention. However, the word "metric" has been struck from S4.1(f) and S5.2(c)(1) so that the phrases now read "or equivalent". Otherwise, the wording could have been interpreted as meaning that ⁷/₁₆-20 UNF-2A or 1/2-13 UNC-2A attachment bolts or their metric equivalent would be sufficient to meet the requirement irrespective of the attachment strength, when, in fact, the intention is to allow equivalents to ⁷/₁₆-20 UNF-2A and 1/2-13 UNC-2A attachment bolts to be used providing they meet the strength requirements of TSD 209. Figure 3, which indicates the bolt size, has been amended by adding the words "or equivalent" after "⁷/₁₆"-20 NF or 1/2"-13 NC threads".

In addition to the foregoing deletions, several others have been made to TSD 209. The most significant is the removal of a phrase in S4.1(e) and all of S4.1(g), which govern seat belt fit. These provisions are highly subjective and somewhat redundant since section 208, Occupant Restraint Systems in Frontal Impact, sets more detailed and, for the most part, more stringent requirements governing seat belt fit.

The content of S4.1(k) of TSD 209, which governs the installation instructions that must be provided with replacement seat belt assemblies, has also been deleted because the regulatory authority under the MVSA is limited to original vehicle equipment. In addition, the provision contained in S4.1(m), which governs good workmanship, has been removed. Finally, all the provisions related to non-locking retractors have either been struck or deleted from TSD 209 in order to avoid any potential contradiction with the requirements of section 208 of the MVSR. Both the Canadian regulation and its counterpart U.S. safety standard specify that only emergency-locking retractors and automatic-locking retractors may be installed on seat belts, thereby implicitly disallowing the use of non-locking retractors.

With regard to the definitions that relate to TSD 209, all those in section S3, with one exception, have been struck out because they are used elsewhere in the MVSR and are already defined in subsection 2(1). The exception is the term "seat back retainer," which is defined in TSD 209 but not used. The term "seat back retainer" was also defined in the MVSR, and this amendment removes it, because it is not used there. In addition, the definitions of "attachment hardware," "hardware," "SAE," and "seat belt assembly," and the French versions of "automatic-locking retractor," "emergency-locking retractor," and "non-locking retractor," have been revised in order to clarify their meaning.

TSD 209 also includes the two amendments that were made by the U.S., but were not included in the initial proposal in order to more clearly specify the test procedures governing emergency-locking retractors (see footnote 8). The new provisions, which changed S4.3(j) and S5.2(j) and which added S5.4, came into effect in the U.S. on February 22, 2007, and are not expected to affect the performance of this type of retractor, nor to impose a significant cost burden on manufacturers.

The AATCC test method and the five ASTM standards that are incorporated by reference in TSD 209 have all been superseded by more recent versions and are no longer available. Consequently, subsection 209(7) of the MVSR allows manufacturers to use either the older cited version or the most recently published edition, as has been done for MVSRs 106 and 116. Related changes to TSD 209 are corrections to the title of ASTM G 23-81 that is given in S5.1(e) and to the designation of AATCC Test Method 30-1981 in S5.1(f).

A number of other errors have been rectified in the TSD 209. The words "plus chromium" were added in four places to S4.3(a)(1) to specify that the electrodeposited protective coating should be made of nickel plus chromium or copper and nickel plus chromium. The phrase "as specified in S5.2(g)" was added to S4.3(d)(1) of TSD 209 because the reference was missing; the term "push-button" was inserted in S4.3(d)(2) in order to clarify that it is the push-button that must have a minimum area of 452 mm² and not the buckle; and the words "the retractor is" have been added to S4.3(i) to make the requirement intelligible. Changes were made to the wording of S5.1(d) and S5.3(c) with regard to the weight (B), which was referred to as a mass. The name of AATCC Gray Scale for Color Change was corrected in S5.1(e), and an incomplete bolt specification in S5.2(c)(1) was amended. The buckle release procedure described in S5.2(d)(1) of TSD 209 was rectified by interchanging the phrases "on the centreline" and "at least 3 mm from the edge" in order to make the procedure practicable, and "Figure 8" in S5.2(k) was changed to read "Figure 6".

Finally, in response to the requirements of the OLA, subsection 209(10) was added to the Regulations so that the instructions referred to in S4.1(l) of the TSD must be provided in both the English and French versions of the owner's manual.

Section 302 of the MVSR sets burn resistance requirements for the materials used in the occupant compartments of motor vehicles in order to reduce the injuries and deaths that are caused by fires inside the vehicle. TSD 302 includes the previous provisions of section 302 of the MVSR and its attendant TM, the content of which was the same as the U.S. safety standard.

In addition to introducing TSD 302, this amendment removes the term "occupant compartment air space" from subsection 2(1) of the MVSR because it is defined in the TSD. Formerly, the term was used only in the test method, which has been eliminated. In addition, the heading that precedes section 302 of the MVSR has been revised so that it reads "Flammability of Interior Materials" rather than "Flammability" alone, which makes it consistent with the title of the TSD. TSD 302 contains one small correction: the height of the legs of the flammability test cabinet in Figure 1 has been changed to 10 mm so that it agrees with the dimension given in S5.1.1.

Effective September 1, 2001, the U.S. introduced Federal Motor Vehicle Safety Standards No. 401, Interior Trunk Release, which mandates that passenger cars be equipped with an interior trunk release mechanism that allows a person trapped inside the baggage compartment to escape (see footnote 9). In 2002, the U.S. safety standard was revised to increase the speed threshold at which the interior release of a front trunk must release the primary latch (see footnote 10). As a result of the U.S. amendment, section 401 has been added to the MVSR, and it also incorporates TSD 401 by reference, which is to apply to passenger cars and three-wheeled vehicles. In response to a request from the automotive industry, compliance with the requirements of section 401 of the MVSR will be mandatory effective September 1, 2010.

The French title of section 401 and its associated TSD has been changed to Mécanisme de déverrouillage interne du coffre, in order to better reflect the English title. Revisions have also been made to the terminology used in the French version of TSD 401 in order to make it consistent with that used in the proposed TSD 206, which uses similar terminology and governs door locks and latches (see footnote 11).

In addition to the deletion of the definitions listed earlier and to the changes to the term and definition of "power-operated roof panel," this amendment includes several other revisions to the terms and definitions that are contained in the MVSR, as well as an amendment to subsection 210(5), which treats seat belt anchorages. In a change that relates to TSD 209, the terms "Type 1," "Type 2," and "Type 2A" have been replaced by "Type 1 seat belt assembly," "Type 2 seat belt assembly," and "Type 2A shoulder belt". Not only are these terms the same as those used by the U.S., they underscore the fact that a Type 2A belt is not a complete seat belt assembly in and of itself. Minor revisions to the wording of the definitions were needed as a result of these changes.

Formerly, eighteen definitions were contained in section 100 of Part I of Schedule IV of the MVSR, which users often forgot to consult when searching for a defined term. In order to make these definitions easier to find, they have been moved to subsection 2(1), and section 100 of the MVSR is abrogated. Among the definitions being moved are those of "5th percentile adult female," "50th percentile adult male," "50th percentile six-year-old child," and "95th percentile adult male," the dimensions of which have been rounded in order to conform to those of the U.S.

The definition of "torso line" has also been changed so that it includes the Society of Automotive Engineers, Inc. (SAE) industry technical standard J826, Devices for Use in Defining and Measuring Vehicle Seating Accommodation, in its current version of July 1995, rather than SAE Recommended Practice J787b, Motor Vehicle Seat Belt Anchorage, which directs the reader to SAE J826. To ensure consistency, the other clauses in the MVSR that referenced SAE Standard J826 have been amended to incorporate the July 1995 version, with the exception of MVSR subsection 210.1(6). This provision is to be repealed as part of a separate initiative that will rescind expired sunset clauses.

In response to a request made by the Standing Joint Committee for the Scrutiny of Regulations in a letter dated January 31, 2005, the French version of subsection 210(5), has been revised. In light of the committee's request, a number of other changes followed with regard to the use of the term "gabarit point H" in the French version of the MVSR to better reflect the English term.

The addition of a definition of "boat trailer" to the Motor Vehicle Tire Safety Regulations, 1995, is no longer part of this amendment because the regulations governing tire safety will be rewritten as part of another initiative, and the term will be included at that time. As a result of this deletion, the name of the foregoing amending regulations has been changed to Regulations Amending the Motor Vehicle Safety Regulations (Introduction of Technical Standards Documents Nos. 106, 116, 118, 123, 124, 209, 302 and 401) and the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations.

Consequential Amendments to the MVSR, the Restraint System Safety Regulations, Test Method 213.3, and Test Method 213.4

Since TM 209 has been replaced by TSD 209, references to TM 209 in the MVSR and the RSSR and other affected TMs, have been changed to TSD 209. Furthermore, an error in paragraph 3.4.3(c) of TM 213.4, Built-In Child Restraint Systems and Built-In Booster Cushions, has been corrected so that the area of the flat square surface to be used in positioning the test dummy now reads 2580 mm², which makes it consistent with the area given in the other TMs in the 213 series. Its format has also been updated and a number of editorial revisions have been made, which do not make any substantive changes to its requirements.

This amendment also corrects two discrepancies in Figure 2 of TM 213.3, Restraint Systems for Disabled Persons, which were inadvertently introduced when the dimensions for the anthropomorphic test devices (ATD) were rounded. Consequently, the standing height given for the 5th percentile adult female ATD now reads 1499 mm, and the waist sitting circumference of the six-year-old child ATD now specifies 528 mm, which are the dimensions given in the corresponding percentile definitions contained in the MVSR. Furthermore, the dimensions in the definition of "50th percentile adult male" provided in the MVSR, with regards to chest depth and hip sitting circumference, have also been corrected. In addition, interchanging the phrases "on the centreline" has amended subsections 3.3.2, 4.2(c), and 5.3 and "at least 3 mm from the edge" in the buckle release requirements, as was done in TSD 209. TM 213.3 has been given the new date of January 2007.

The mandatory compliance date of TSDs 106, 116, 123, 124, 209, and 302 is six months after the publication of this amendment in the Canada Gazette, Part II. The mandatory compliance date of TSD 401 is September 1, 2010. Compliance with section S6 of TSD 118 is obligatory as of October 1, 2010; however, mandatory compliance with the other sections of the TSD is six months after the publication of this amendment. The changes to the MVSR and the RSSR that are described above come into effect on the date of publication of this amendment in the Canada Gazette, Part II, and voluntary compliance with the requirements of all the TSDs is permitted at the same time as this publication.

Since the Government's intention was to streamline its regulatory process to achieve a more harmonized set of regulations, a voluntary agreement was not considered a viable alternative. The only alternative considered acceptable was to incorporate, by reference, TSDs. This would allow the Canadian motor vehicle safety requirements to align quickly with those of a foreign government (the U.S.).

Since the introduction of TSDs 106, 116, 123, 124, 209, and 302 will not entail any change in requirements, this amendment is not expected to incur additional costs to the automotive industry or to the public in their regard.

The costs associated with conforming to the new requirements of section S6 of TSD 118 were not estimated by the U.S. in its related FR; however, the U.S. Department of Transportation stated that the cost was expected to be small, and it assumed that the redesign of non-compliant switches could be accommodated as part of the normal vehicle design cycle, provided automotive manufacturers were given sufficient lead time. Since the automotive industry's request for a mandatory compliance date of October 1, 2010, for section S6 of TSD 118 has been accorded, the Government believes that a detailed benefit-cost analysis is not warranted and that the additional costs will not prove to be a burden.

In response to a request by respondents to the pre-publication that was published in the Canada Gazette, Part I, a benefit-cost analysis has been prepared with respect to the addition of section 401 to the MVSR as well as the adoption of TSD 401. In the U.S. FR that introduced the safety standard, the U.S. Department of Transportation reported that, from 1987 to 1999, there had been 11 incidents of inadvertent trunk entrapment, which had led to 21 deaths (see footnote 12). The FR also cited a figure that was presented at the first meeting of an independent panel of experts convened by the National Highway Traffic Safety Administration to study the problem of trunk entrapments. The presenter's tally of anecdotal evidence and media reports indicated that, as of January 1999, there had been more than 900 cases of trunk entrapment; the time period over which the cases ranged was not given.

According to the information gathered by the Government, there have been no reported deaths or injuries due to accidental trunk entrapment in Canada. However, there have been two crime-related cases, one of which occurred between 1990 and 2003 involving the abduction of a teenage boy, who was placed in a trunk for an hour and who suffered gasoline fume poisoning (see footnote 13). In the second case, which occurred in May 2006, two children were abducted during a home invasion and forced into a car trunk, from which they were able to escape by pulling the fluorescent handle of the interior trunk release (see footnote 14). Although the teenage boy in the first case recovered and the two children in the second case were shaken but unhurt, these two occurrences demonstrate the potential safety value of mandating an interior trunk release.

Based on the information provided by two manufacturers, the cost of fitting a trunk with an interior trunk release, including the cost of design, development, hardware, and assembly, is from $0.94 to $1.17 CAD. The Government estimates that 375,000 passenger cars with trunks were sold in 2006, which would have amounted to a total cost of from $352,500 to $438,750, if all the trunks of the cars sold in Canada had been fitted with interior release mechanisms for the first time in 2006. Since the design and development costs are incurred only once, the actual cost of the foregoing interior trunk releases was in fact lower because all the cars manufactured for sale in the U.S. that are also sold in Canada, which is the majority, have been equipped with compliant releases for several years in response to the U.S. requirement. Given the nominal cost of fitting car trunks with release mechanisms in comparison to the demonstrated safety benefit of providing a means of escape for people, especially children, who may become trapped, the addition of MVSR section 401 and the adoption of TSD 401 appears to be justified.

Under the department's Strategic Environmental Assessment policy, a preliminary evaluation of the possible effects of this amendment was carried out, and it was determined that this amendment will have no impact on the environment.

The Government has established a systematic and extensive consultation process that seeks to keep the automotive industry, public safety organizations, other levels of government, and the general public informed of contemplated and recent changes to the regulations governing motor vehicles in Canada. This process includes several mechanisms for all interested parties to provide their comments. The Government's intention to introduce these eight TSDs was first announced in the Regulatory Plan of the Road Safety and Motor Vehicle Regulation Directorate, which is distributed to automotive manufacturers, public safety organizations, and various governmental bodies. No comment was received in response to this item on the Regulatory Plan, except for queries as to when the TSDs would be available.

This amendment was pre-published in the Canada Gazette, Part I, on October 1, 2005, and was followed by a 75-day comment period. Because of the large number of incorporated documents and their complexity, the automotive industry requested an extension to the comment period, and 48 days were added.

The Government received comments from the following six respondents: the Association of International Automobile Manufacturers of Canada (AIAMC), the Automotive Occupant Restraints Council (AORC), the Canadian Vehicle Manufacturers' Association (CVMA), General Motors of Canada Limited, Honda Canada Inc., and the Motorcycle & Moped Industry Council (MMIC). There was also additional correspondence between the Government and the respondents after the close of the comment period regarding outstanding questions and problems that arose.

The AIAMC, which represents international motor vehicle manufacturers and importers, requested that the mandatory compliance date of TSD 401 be deferred to September 1, 2010, because some of its members had not yet fitted the trunks of their passenger cars with interior trunk releases (see footnote 15). As mentioned earlier, this request was granted. Furthermore, Ford Motor Company of Canada, Limited, requested confirmation that the mandatory compliance date of TSD 401 would be deferred.

The AORC, which represents 51 suppliers of motor vehicle occupant restraints, components, materials, and services, found proposed TSD 209 to be acceptable, with two exceptions. The AORC pointed out that it should include the requirements contained in the U.S. FR that was published on August 22, 2005, which it now does. The AORC, as well as the CVMA, objected to the addition of the M12 metric equivalent to S4.1(f) and S5.2(c) of TSD 209 because in its view, it would be construed as imposing a new requirement. The AORC suggested alternate wording for the metric equivalent and it also suggested that Figure 3 of TSD 209, which specifies "7/16"-20 NF or 1/2"-13 NC threads," be amended to make it consistent with the text. The words "or equivalent" have been added to the Figure. Furthermore, the word "metric" has been struck from section 209 of the MVSR.

The CVMA, which represents Canada's leading motor vehicle manufacturers, provided a detailed response to the Government's proposal that covered a number of issues (see footnote 16). The CVMA expressed its support for this "long-awaited" amendment and for Canada's efforts to harmonize its motor vehicle regulatory requirements with those of the U.S. through the use of TSDs. It then requested that the introduction of such a large number of TSDs all at once be avoided in the future. In a comment that applies to all the TSDs, the CVMA suggested a revision to the references to the U.S. Federal Motor Vehicle Safety Standards that appear on the cover page and on page one. This revision has been adopted for these eight TSDs and for those TSDs that were either proposed or updated in late 2006.

The CVMA commented on the long-standing practice of striking the definitions of terms that are used in the MVSR from the TSDs and defining them in subsection 2(1) instead. The CVMA explained that, in its opinion, "the requirements of a regulation are best comprehended when all of the requirements are provided within the same regulatory document." The CVMA suggested that, if it was absolutely necessary to group the definitions in a separate section of the MVSR, they should appear both in that section and in the individual Regulation to which they pertained. In addition, the CVMA requested, "a legend be developed which would identify the specific standards in which each definition is applied."

While the Government agrees that it would be best to present all related regulatory requirements in one place, most defined terms are used in more than one section of the MVSR. Therefore, to include them in subsection 2(1) of the MVSR and to repeat them at the beginning of every section in which they appeared would substantially increase the size of the Regulations. However, an ongoing initiative by the Government may provide a partial solution to this problem, as well as to the CVMA's related suggestion that the regulations to which each defined term applies be specified. The Government is studying a suitable way of identifying defined terms when they are used for the first time in a given regulation. The approach would be to unobtrusively identify the defined term only once in each section at its first use, and to provide a link to the definition in the electronic version of the MVSR. While this innovation would not indicate the other safety standards in which the term was used, it would inform the reader when a term was defined.

The CVMA also suggested that the labelling requirements for replacement brake hoses, brake hose assemblies, and end fittings that are contained in TSD 106 be deleted. In response, S5.2, S7.2, S9.1, and S11.2 have been removed from TSD 106. The CVMA pointed out a conversion error in S6.1.1(f) of the draft TSD, which has been corrected.

With regard to proposed subsections 116(2) and (3) of the MVSR, the CVMA requested that they be deleted, as the expiry date of November 20, 2005, had passed. This revision has been made. The proposed term "power-operated roof panel" and its definition were also the subject of comment by the CVMA. It pointed out that, unlike the counterpart U.S. term, Canada's proposed expression was in the singular and, therefore, did not include roof panel systems, which are comprised of multiple panels. In addition, the CVMA noted that the definition did not provide an exemption for convertible tops, which the U.S. term does. After considering the CVMA's arguments, the term has been amended.

In a request that was related to TSD 124, the CVMA asked that the definition of "throttle," which is struck from TSD 124 and which was already defined in subsection 2(1) of the MVSR, be revised to make it identical to that of the U.S. The Canadian and U.S. definitions are the same, except that the U.S. includes the phrase "by input from the driver-operated accelerator system". Upon consideration, the Government has decided that the current definition, which is as follows, is sufficient:

(a) connects to the driver-operated accelerator control system, and

(b) controls the engine speed; (papillon des gaz)

In order to make TSD 209 "more user friendly," the CVMA suggested that a sentence be added to S4.1(b), S4.1(g), and S4.5(b) to refer the reader to the applicable amending clauses of the MVSR. Upon consideration, the Government decided that it would have been inconsistent to add the suggested sentences to TSD 209 alone, and it interpreted the CVMA's request as an indication that the convention of using marginal notes was unsatisfactory in some way. In evaluating possible methods for indicating that the incorporating regulation contains an amending clause, the Government decided that the insertion of a sentence in the body of the TSD might be intrusive or confusing. Therefore, footnotes that direct the reader to the relevant clauses have replaced the former marginal notes in all the TSDs. The typical wording of such a footnote is: "Please see subsections 209(3) and (5) of the MVSR for additional requirements." The Government hopes that this new convention will provide a clear indication to readers of when additional requirements apply to a TSD provision and where to find them.

A final request by the CVMA with regard to TSD 209 pertained to S4.6, the content of which has been deleted because Canada has never given an exemption to the provisions of S4.2(a) to (f) or those of S4.4. The CMVA requested that the Government provide data and explain the rationale for its statement in the proposal that "it would be detrimental to safety to permit" these exemptions. Since Canada has never allowed these exemptions and maintaining these requirements does not impose a burden, the Government does not consider it necessary to defend its position at this time.

As part of the consultations that took place before pre-publication, the CVMA requested the elimination of the requirement that was set out in the former MVSR subparagraph 209(29)(b)(ii) for a warning to be affixed to seat belts that were equipped with load-limiters and installed at front outboard seating positions. The CVMA pointed out that the U.S. had rescinded its parallel provision in the mid-1990s, and it argued that the retention of this clause did not serve "any practicable purpose" because all the parts that are to be installed on a particular vehicle are identified by a unique part number, which ensures that the correct seat belt assembly will be installed at each seating position. Given that virtually all late-model passenger vehicles are equipped with both seat belts and air bags at the front outboard seating positions, the Government agreed with the CVMA and acceded to its request.

With respect to the introduction of section 401 to the MVSR and its associated TSD 401, the CVMA objected to the fact that a detailed benefit-cost analysis had not been done by the Government. This analysis has been provided above. In its final request, the CVMA sought confirmation that manufacturers would be permitted to comply with the requirements of the TSDs before their mandatory compliance dates. It has always been the Government's policy, with regard to the adoption and updating of TSDs, to permit manufacturers to comply as of the effective date of the TSD, which, for a new TSD, usually corresponds to the date of publication of the incorporating amendment in the Canada Gazette, Part II, or, for an update, to the date of publication of the Notice in the Canada Gazette, Part I.

In its comment, General Motors of Canada Limited requested that mandatory compliance with section S6 of TSD 118 be deferred to October 1, 2010, which as mentioned above, the Government has accorded. Honda Canada Inc. inquired whether the requirements of section 123 of the MVSR and TSD 123 could be interpreted as mandating that every control on a motorcycle had to be identified, even if the control was not listed in Table 3 of TSD 123 and was not visible to the driver when seated in the driver's position. The MMIC, which represents the majority of the manufacturers and importers of motorcycles and motor tricycles in Canada, voiced a similar concern at a meeting that took place after pre-publication. In order to ensure that it was clear that such controls do not have to be identified, the words "if identified" have been added to MVSR subsection 123(5). It was unnecessary to make this addition to subsection 123(6) because the wording of the clause does not impose a requirement. The MMIC also sent the Government a formal letter of support commending its intention to introduce TSD 123.

During the consultations that preceded the publication of the proposal, the MMIC requested that a clause be included in the proposed regulations in order to allow the rear brake control of the specified motorcycles and motor tricycles to be located on the left handlebar. As mentioned earlier, the U.S. has amended its safety standard to include this permission; therefore, this clause, which appeared as subsection 123(4) of the MVSR in the proposal, was no longer necessary and has been removed from the foregoing amending regulations.

As a result of the Government's initial consultations, the MMIC was also accorded the exception that appears in subsection 123(8) of the MVSR regarding the bilingual identification of the ignition, tachometer, and fuel tank shutoff valve displays, on the basis that it would have been prohibitively expensive if its members had been obliged to change the displays on existing motorcycle models. With regard to the exception for the fuel tank shutoff valve, the MMIC indicated that the need for it was temporary because technological changes had rendered this display obsolete.

Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the MVSR. The Government of Canada monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. When a defect is found, the manufacturer or importer must issue a notice of defect to owners and to the Minister of Transport, Infrastructure and Communities. If a vehicle does not comply with a safety standard, the manufacturer or importer is subject to prosecution and, if found guilty, may be fined as prescribed in the MVSA.

Jay Rieger
Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Tel: 613-998-1962
Fax: 613-990-2913
Email: riegerj@tc.gc.ca

Copies of TSDs 106, 116, 118, 123, 124, 209, 302, and 401, as well as revised TMs 213.3 and 213.4, may be obtained on the Internet at: www.tc.gc.ca/RoadSafety/mvstm_tsd/index_e.htm or by contacting:

Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-8616 or 1-800-333-0371
Fax: 613-990-2913
Email: Regsclerkcommis@tc.gc.ca

A Type 2 seat belt assembly consists of both a lap and a shoulder belt, while a Type 1 seat belt assembly comprises a lap belt only.

Federal Register, August 22, 2005, Volume 70, No. 161, page 48883, and August 30, 2006, Volume 71, No. 168, page 51522.

Federal Register, October 20, 2000, Volume 65, No. 204, page 63014, and Federal Register, August 17, 2001, Volume 66, No. 160, page 43113.

This case was documented in the database of the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), which is managed by the Public Health Agency of Canada (Injury and Child Maltreatment Section, Health Surveillance and Epidemiology Division) in Ottawa, Ontario.

CBC News, "B.C. Children Escape Abductors After Home Invasion Goes Wrong," May 8, 2006.

The AIAMC represents the following automotive manufacturers and importers as voting members: 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.

The CVMA represents DaimlerChrysler Canada Inc.; Ford Motor Company of Canada, Limited; General Motors of Canada Limited; and International Truck and Engine Corporation Canada.