Driving Compliance: Updates to Canada’s Motor Vehicle and Equipment Safety Regulations

Written By Michael Smith and Kanwar Brar

Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information), SOR/2024-274 (Regulations) came into force on January 1, 2025.  The Regulations amend:

• The Motor Vehicle Safety Regulations;
• The Motor Vehicle Restraint Systems and Booster Seats Safety Regulation; and
• The Motor Vehicle Tire Safety Regulations.

Why These Regulations Are Being Implemented

According to the Government of Canada’s Regulatory Impact Analysis Statement, “[t]he objective of the Regulations is to make safety recall information available faster and more accessible (i.e., by publishing it online) for vehicle owners, vehicle equipment owners and prescribed persons, as well as for the general public who may have an interest but who do not necessarily own the vehicle or vehicle equipment. Increasing the availability and accessibility of recall information is intended to directly influence recall completion rates, and to reduce the risk of death, injury and property damage resulting from unresolved vehicle and vehicle equipment defects and non-compliances.

The Regulations will require companies to publish information online for all safety recalls in a timely manner. Although many companies already offer such recall information on their websites, the Regulations will standardize the availability and the type of information required, and provide a timeline by which companies must make such information available to facilitate Canadians’ ability to find recall information. The Regulations are expected to be particularly useful to people who have changed address, or purchased a vehicle or vehicle equipment second-hand, and where a company does not have the current owner’s personal contact information.”

The Regulations align with related regulations in the United States with only minor differences.

“Designated” vs. “Non-Designated” Companies

The amendments to the Motor Vehicle Safety Regulations, which regulate vehicles, distinguish between designated and non-designated companies. The Minister of Transport has discretion whether to designate a company (pursuant to s. 10.3 of the Motor Vehicle Safety Act). The designation criteria have not been published, but will reportedly include (but will not necessarily be limited to) those companies that manufacture, import or distribute a total of 2,500 or more vehicles of the following prescribed classes per year:

• passenger car;
• three-wheeled vehicle;
• multi-purpose passenger vehicle (with a gross vehicle weight rating [GVWR] of 4,536 kg or less);
• truck (with a GVWR of 4,536 kg or less);
• motorcycle; restricted-use vehicle; or snowmobile.

Designated companies will be advised of their designation by formal correspondence from the Minister of Transport.

Key Updates by Regulation

1. Motor Vehicle Safety Regulations

Designated or not, the Regulations require companies¹ to publish prescribed recall information on their websites that is accessible to anyone, free of charge, and without any user registration requirements. The information must be published as soon as feasible, but not later than 60 days after the date notice of defect or non-compliance is given to the Minister of Transport, and it must be updated within seven days after the day on which there is any change to it. The web page must also include instructions on how to contact the company or a dealership concerning any questions related to recall notices, report a safety concern relating to a vehicle and inform the company of a transfer of ownership of a vehicle or a change of address.  The information must remain displayed on the website for at least 15 years. 

Non-designated companies do not have to create a website for this purpose if they do not already have one “to communicate information directed at the Canadian market”.

Designated companies are required to have a VIN search tool on their websites to make vehicle-specific recall information available to anyone inputting the 17-digit vehicle identification number (VIN).

Non-designated companies must comply with the new requirements by January 1, 2026. Designated companies must comply by 18 months after they are designated by the Minister.

2. Motor Vehicle Restraint Systems and Booster Seats Safety Regulation

Canadian manufacturers, distributors of Canadian-manufactured or importers of child restraint systems and booster seats must publish prescribed recall information on their websites that is accessible to anyone, free of charge, and without any user registration requirements. The information must be published as soon as feasible, but not later than 60 days after the date notice of defect or non-compliance is given to the Minister of Transport, and it must be updated within seven days after the day on which there is any change to it. The web page must also include instructions on how to contact the company concerning any questions related to recall notices, report a safety concern relating to a restraint system or booster seat, and inform the company of a transfer of ownership of a restraint system or booster seat or a change of address. The information must remain displayed on the website for at least 10 years. 

Companies do not have to create a website for this purpose if they do not already have one “to communicate information directed at the Canadian market”.

Companies must comply with the new requirements by January 1, 2026.

3. Motor Vehicle Tire Safety Regulations

Canadian tire manufacturers, distributors of Canadian-manufactured tires or tire importers must publish prescribed recall information on their websites that is accessible to anyone, free of charge, and without any user registration requirements. The information must be published as soon as feasible, but not later than 60 days after the date notice of defect or non-compliance is given to the Minister of Transport, and it must be updated within seven days after the day on which there is any change to it. The web page must also include instructions on how to contact the company concerning any questions related to recall notices, report a safety concern relating to a tire and inform the company of a transfer of ownership of a tire or a change of address. The information must remain displayed on the website for at least 10 years. 

Companies do not have to create a website for this purpose if they do not already have one “to communicate information directed at the Canadian market”.

Companies must comply with the new requirements by January 1, 2026.

Bennett Jones Automotive Industry Group

Bennett Jones has extensive knowledge and experience in providing clients with innovative solutions for automotive companies. For tailored advice on navigating these changes, please contact the Bennett Jones Automotive group. With decades of experience in regulatory compliance, we are here to help you drive your business forward.

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