Vol. 134, No. 49 — December 2, 2000

Regulations Amending the Bank of Canada Notes Regulations

Statutory Authority

Bank of Canada Act

Sponsoring Department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

Description

With the 1989 change in the Bank of Canada Notes Regulations (the Regulations), the Bank of Canada is authorized to issue notes bearing the signatures of the Governor and the (Senior) Deputy Governor. Notes are often printed a year or more in advance of their issue, which means that they could bear the signatures of a previous Governor or (Senior) Deputy Governor at the time they are issued. These notes could therefore have their validity as legal tender questioned as the Regulations could be interpreted to read that the signatures of the current Governor and (Senior) Deputy Governor are required. This situation could arise in 2001, when the Bank of Canada issues the first denomination ($10 note) in its new bank note series. The notes will be printed with Governor Thiessen's signature, but he is retiring on January 31, 2001.

Amendment

The proposed amendment to section 3 of the Regulations will clarify that notes may be issued bearing the signatures of the Governor and (Senior) Deputy Governor who were in office at the time the notes were printed.

Alternatives

Adhering to the more restrictive interpretation of the Regulations has substantial cost implications and poses logistical problems for the note production schedule, since the entire bank note inventory would have to be destroyed and replaced whenever a new Governor or (Senior) Deputy Governor is appointed. An amendment is needed so that the Bank of Canada can issue notes bearing the signatures of the Governor and (Senior) Deputy Governor in office at the time the notes were printed.

Benefits and Costs

This amendment would apply solely to the Bank of Canada and would not impose costs on other parties.

Consultation

No consultations are planned because this is purely a technical change and will not draw out any supportive interest. It will not result in a negative reaction from either the general public or stakeholders.

Compliance and Enforcement

The proposed amendment applies solely to the Bank of Canada. The Bank of Canada is subject to stringent transparency and accountability standards.

Contact

Larry Weatherley, Government Financing Section, Financial Markets Division, Department of Finance, L'Esplanade Laurier, East Tower, 20th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 943-8640.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 25(3) of the Bank of Canada Act, proposes to make the annexed Regulations Amending the Bank of Canada Notes Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to: Larry Weatherley, Government Financing Section, Financial Markets Division, Department of Finance, L'Es-planade Laurier, 140 O'Connor Street, East Tower, 20th Floor, Ottawa, Ontario, K1A 0G5, Tel. (613) 943-8640.

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 20, 2000.

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE BANK OF CANADA NOTES REGULATIONS

AMENDMENT

1. Section 3 of the Bank of Canada Notes Regulations (see footnote 1) is replaced by the following:

3. The notes referred to in section 2 shall bear facsimiles of the signatures of the Governor and the Deputy Governor who are in office at the time the notes are printed.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[49-1-o]

Regulations Amending the Canadian Aviation Regulations (Part IV)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

General

These proposed Regulations Amending the Canadian Aviation Regulations (Part IV) — Personnel Licensing and Training consist of three new regulations to be added to Subpart 1 (Flight Crew Permits, Licences and Ratings). These proposed new regulations, sections 401.39 Privileges (aeroplane class ratings), 401.41 Privileges (aircraft type ratings) and 401.43 Privileges (night rating), will entitle the holder of a permit or licence that has been endorsed with an aeroplane class rating, an aircraft type rating or a night rating respectively to exercise the privileges of the stated rating. This proposal will correct an inadvertent omission from the Canadian Aviation Regulations.

Alternatives

No alternative to regulatory change is available to correct this omission and, thereby, to clarify the intention that the holders of licences endorsed with these ratings are allowed to exercise the privileges of the ratings.

Benefits and Costs

The three proposed regulations, sections 401.39 Privileges (aeroplane class ratings), 401.41 Privileges (aircraft type ratings) and 401.43 Privileges (night rating), will correct an omission from the Canadian Aviation Regulations (CARs). They will return the Canadian aviation industry to the regulatory environment prior to the introduction of the CARs and conform to current industry practices. There are no benefit-cost implications of these regulations.

Consultation

The members of the Personnel Licensing and Training Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments to the regulations. The actively participating members of the Personnel Licensing and Training Committee of CARAC include the Aero Club of Canada, Air Canada, the Air Operations Group Association, AOPA Canada, the Air Transport Association of Canada, the Association québécoise des transporteurs aériens inc., CAE Electronics Ltd., the Canadian Air Line Pilots Association, the Canadian Association of Aviation Colleges, Canadian Airlines International Ltd., the Canadian Balloon Association, the Canadian Business Aircraft Association, the Canadian Owners and Pilots Association, the Canadian Air Traffic Control Association, the Experimental Aircraft Association — Canadian Council, the Recreational Aircraft Association Canada, the Soaring Association of Canada, the Teamsters Canada and the Ultralight Pilots Association of Canada. The Personnel Licensing and Training Committee reviewed these proposed amendments to Part IV of the CARs in June 1997. The Committee recommended the adoption of these proposed amendments.

Compliance and Enforcement

These regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act or through suspension or cancellation of a Canadian aviation document.

Contact

The Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, (613) 993-7284 or 1-800-305-2059 (Telephone, general inquiries), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet address).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote a) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part IV).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries - tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, November 20, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART IV)

AMENDMENTS

1. The reference "[401.39 reserved]" after section 401.38 of the Canadian Aviation Regulations (see footnote 2) is replaced by the following:

Privileges

401.39 The holder of a permit or licence that has been endorsed with an aeroplane class rating may exercise the privileges of the permit or licence in the class of aeroplane for which the permit or licence is endorsed.

2. The reference "[401.41 reserved]" after section 401.40 of the Regulations is replaced by the following:

Privileges

401.41 The holder of a permit or licence that has been endorsed with a blanket aircraft type rating or an individual type rating may exercise the privileges of the permit or licence in the blanket aircraft type or individual aircraft type for which the permit or licence is endorsed.

3. The reference "[401.43 reserved]" after section 401.42 of the Regulations is replaced by the following:

Privileges

401.43 The holder of a permit or licence that has been endorsed with a night rating may exercise the privileges of the permit or licence by night.

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

[49-1-o]

Regulations Amending the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (RSSR) (see footnote 3) set out requirements for add-on restraints for children — rearward-facing infant seats, rearward-facing or forward-facing child seats, booster seats and restraints for disabled persons and for infants with special needs. Add-on restraint systems are not an integral part of a vehicle when it is manufactured. They are purchased separately from the vehicle and are installed in the vehicle by the user.

The Department of Transport is publishing a proposal to amend the RSSR in order to permit manufacturers of infant and rear-facing child restraint systems and high back booster cushions to supply a tether strap with these products.

The requirements of the RSSR would also be amended by introducing an additional tether strap hook interface profile drawing. The new profile would be permitted in the case of a hook that would integrate the adjustment hardware for the tether strap webbing.

Requirements for instructions and labeling would also be amended to ensure that restraint systems and booster cushions are safely installed in motor vehicles, whether in use or not. These changes would reflect current instructions and labeling practices already used by manufacturers.

The Department would also take this opportunity to change unintended specifications for the test fixture and in the test procedure of the RSSR. References to conditions of the test fixture, the dynamic seat assembly, (see footnote 4) would be corrected in the RSSR and accompanying Test Methods.

When the RSSRs were published, the seat back of the dynamic seat assembly was unintentionally required to be fixed for testing infant and rearward-facing child restraint systems. The intent was to specify that the seat back of the dynamic seat assembly be free to pivot about its seat back pivot axis. This would ensure that infant and rearward-facing child restraint systems could be tested in a situation that simulated loading from the seat back of a vehicle in an actual crash. This unintended change in test condition has not had any effect on the performance of the restraints in real world collisions. However, it has caused some restraints to have a lower performance under laboratory conditions with the seat back fixed compared to when the seat back was allowed to pivot.

In this proposal, the value for applying tension to the seat belt and to the tether strap before dynamic testing (in cases where one is supplied with the system) would also be harmonized with that of the United States (U.S.). The tension values specified in the Test Methods for infant and child restraint system and restraint systems for the disabled and infants with special needs would be changed from the current range of 31 to 49 Newtons to the range of 53.5 to 67 Newtons which is specified in the U.S. regulation (see footnote 5).

The Department does not wish to require that manufacturers recertify all their products when this change comes into force. For this reason, the Department is proposing to amend the test procedure to permit testing to the current or to the new tension values until August 31, 2002. On September 1, 2002 and after that date, manufacturers would have to test exclusively using the new belt and tether values.

On that date, changes that the Department intends to propose (see footnote 6) to the restraint system regulations requiring universal connectors will come into force. These intended new requirements would require recertification at that time.

Sections 4 to 13 of the RSSR set general provisions, including instructions and labeling, that apply to all categories of restraint systems and booster cushions. The safety of various restraint systems are ensured by the Schedules listed below:

— rear or forward facing child restraint systems, designed for children weighing from 9 kg (20 lb.) to 22 kg (48 lb.) — Schedule 3, CMVSS 213 — Child Restraint Systems;

— infant restraint systems, designed for infants from birth to a mass of less than 9 kg (20 lb.) — Schedule 4, CMVSS 213.1 — Infant Restraint Systems;

— booster cushions for children whose mass is more than 18 kg (40 lb.) — Schedule 5, CMVSS 213.2 — Booster Cushions;

— restraint systems for disabled persons — Schedule 6, CMVSS 213.3 — Restraint Systems for Disabled Persons; and

— restraint systems for infants with special needs are included in Schedule 7 entitled CMVSS 213.5 — Restraint Systems for Infants with Special Needs.

It is proposed to introduce a new Schedule 10 so that drawings applicable to more than one category of restraint systems or to booster cushions would be grouped in that Schedule. This would "streamline" the publication of the figures.

Test Methods 213 (see footnote 7), 213.1 (see footnote 8), 213.3 (see footnote 9) and 213.5 (see footnote 10) accompany, respectively, Schedules 3, 4, 6 and 7. The Test Methods list the testing fixtures, conditions and methodology to be followed in order to perform the tests specified in the RSSR.

Each of the proposed changes is described below:

Subsection 1(1) of the RSSR — Interpretation

The definition for "tether strap hook" (see footnote 11) in subsection 1(1) would be replaced. The new definition would permit the use of a tether strap hook with longer and wider dimensions at its non-mating end. This would be permitted in the case of a tether strap hook that integrates tether webbing adjustment hardware.

The definition for "tether strap" would be amended to reflect the proposed changes to Schedule 5 that would permit the use of a tether strap on booster cushions that have a back.

Subsections 4(3) and (7) of the RSSR — Prescribed Standards

Subsection 4(3) of the RSSR currently stipulates that if a system is designed to be used as an infant or as a child restraint system, it must conform to the applicable requirements set out in both Schedules 3 and 4. Similarly, subsection 4(7) requires that if a restraint system is designed to be used as an infant restraint system and as a restraint for infants with special needs, it must conform to the applicable requirements set out in both Schedules 4 and 7.

To ensure that the RSSR are being kept up to date with new products available on the market, both subsections 4(3) and (7) would be repealed and replaced by new wording. The new subsection 4(7) would be more adaptable to innovations that are and may be coming onto the market. The new subsection would be more general in nature and would state that restraint systems designed to be used as more than one type, or as restraint systems and booster cushions would have to conform to all the applicable standards set out in Schedules 3 to 7. It would be clear that each type of restraint system or booster cushion for which it is intended for use would be covered by regulation.

Paragraphs 8(e) (Booster Cushions) and 13(2)(d) (Installation Instructions) and sub-paragraphs 6(f)(iii), 6(g)(i) and (ii) (Child Restraint Systems), 7(f)(iii), 7(h)(i) and (ii) (Infant Restraint Systems), 8(f)(i) and (ii), 9(g)(iii), 9(h)(i) and (ii) (Production Restraint Systems for Disabled Persons) of the RSSR

The above listed paragraphs and sub-paragraphs would be replaced by new paragraphs and sub-paragraphs to clarify wording. The requirements for wording on labels and instructions accompanying infant and child restraint systems, production restraints systems for the disabled and for infants with special needs and booster cushions would ensure that statements are included stating how the device should be attached to the vehicle. The new wording would cover situations where the device is not in use or when it includes a tether strap.

Section 1 of Schedules 3, 4, 6 and 7 — References to Test Method

The amendment would update the reference to the Test Methods No. 213 — Child Restraint Systems, No. 213.1 — Infant Restraint Systems, No. 213.3 — Restraint Systems for Disabled Persons and No. 213.5 Restraint Systems for Infants with Special Needs from their respective current revision dates to June 2000.

Subsections 7(1.1), 7(2) and 13(3) and Figure 1 of Schedule 3 — CMVSS 213 — Child Restraint Systems

A new subsection, subsection 7(1.1) of Schedule 3 would be added. This subsection would permit the use of a tether strap for rear-facing child restraint systems.

Subsection 7(2) of Schedule 3 would be replaced by a new subsection which would permit the use of a tether strap hook that integrates tether webbing adjustment hardware. The dimensions for that new hook would be specified in Figure 2 of Schedule 10. Should the tether webbing adjustment hardware not be an integral part of the hook, the dimensions of the hook would remain that of Figure 1 of Schedule 10.

Subsection 13(3) and Figure 2 of Schedule 3 of the RSSR would be amended by specifying that the seat back of the test fixture, the dynamic seat assembly, should be fixed for forward-facing child restraints and should pivot for rearward-facing ones. This would make the test requirements of the RSSR compatible with the former CMVSS 213 (see footnote 12) which they replace.

Figure 1, which illustrates the dimension envelope of the tether strap hook, would be deleted from Schedule 3 and be placed in Schedule 10. The figure could then be referenced in other Schedules.

Section 8, Subsections 7(2) and 10(2), Paragraphs 2(b) and 10(1)(d) and Figure 3 of Schedule 4, CMVSS 213.1 — Infant Restraint Systems

Paragraph 2(b) of Schedule 4 would be replaced by a new paragraph. The wording of the new paragraph would permit the use of a tether strap to attach an infant restraint system to a vehicle in addition to the seat belt.

Subsection 7(2) would be replaced by a new subsection. This new subsection would set the dimensions for the tether strap hook on an infant restraint system. A new subsection, subsection 7(2.1), would be added to adopt the requirements of subsections 209 (see footnote 13) (17) and (19) of Schedule IV of the Motor Vehicle Safety Regulations. This would ensure that all hardware and tether strap attachments supplied with the system meet the requirements for resistance to rust, warping, or other deterioration.

The portion of section 8 before paragraph (a) would be replaced with wording that would cover cases in which a tether strap is used for an infant restraint system.

Paragraph 10(1)(d) would be replaced by a new paragraph. The wording of the new paragraph would clarify the intent of the requirement. It would ensure that the head of the dummy used in the testing be contained within the restraint system. In case of a real world crash, this would limit the possibility of the head of an infant contacting the interior of the vehicle. The new wording would include the expression "nor" to clarify the intent of the requirement, which is that the head of the dummy does not pass beyond both the defined planes.

Subsection 10(2) and Figure 3 of Schedule 4 of the RSSR would be amended by removing the requirement that the seat back of the test fixture, the dynamic seat assembly, (see footnote 14) remains fixed. This would make the test requirements of the RSSR compatible with the former CMVSS 213.1 (see footnote 15) which they replace.

Sections 2 and 2.1 of Schedule 5 — CMVSS 213.2 — Booster Cushions

Section 2 of Schedule 5 would be replaced by two new sections. Section 2 would permit the use of a tether strap to secure a high back booster cushion to a vehicle. A new section, section 2.1, would be added to ensure that if a tether strap is supplied with a booster cushion the tether strap webbing and hardware will meet the dimension profile set out in Schedule 10 and minimum requirements for strength and corrosion after accelerated aging.

Paragraph 6(3)(a) and Figure 1 of Schedule 6 — CMVSS 213.3 — Restraint Systems for Disabled Persons

Paragraph 6(3)(a) of Schedule 6 would be replaced by a new paragraph which would permit the use of a tether strap hook that integrates a tether webbing adjustment hardware.

Figure 1, which illustrates the dimension envelope of the tether strap hook, would be deleted from Schedule 3 and be placed in Schedule 10.

The dimensions for that new hook would be specified in Figure 2 of Schedule 10. Should the tether webbing adjustment hardware not be an integral part of the hook, the dimensions of the hook would remain that of Figure 1 of Schedule 10.

Paragraph 9(1)(d), Subsection 9(2), and Figure 3 of Schedule 7 — CMVSS 213.5 — Restraint Systems for Infants with Special Needs

Paragraph 9(1)(d) of Schedule 7 would be replaced by a new paragraph. The wording of the new paragraph would clarify the intent of the requirement. It would ensure that the head of the dummy used in the testing is contained within the restraint system. In case of a real world crash, this would limit the possibility of the head of an infant contacting the interior of the vehicle. The new wording would include the expression "nor" to ensure clarity of intent of the requirement, which is that the head of the dummy does not pass beyond both the defined planes.

Subsection 9(2) and Figure 3 of Schedule 7 of the RSSR would be amended by removing the requirement that the seat back of the test fixture, the dynamic seat assembly, (see footnote 16) remains fixed. This would make the test requirements of Schedule 7 compatible with those of Schedule 3 and 4.

Figures 1 and 2 of Schedule 10

A new Schedule, Schedule 10, would be added to the RSSR. The current Figure 1 of Schedules 3 and 6 would be deleted from those Schedules and added as Figure 1 of Schedule 10. A new Figure 2 in Schedule 10 would set the dimension profile for tether strap hooks that incorporate a webbing adjuster.

Paragraphs 3.3.4 of Test Method No. 213 — Child Restraint Systems and of Test Method No. 213.3 — Restraint Systems for Disabled Persons

The load to which the tether strap and seat belt must be tightened prior to the dynamic test of a child restraint system and a restraint system for disabled persons would be amended to permit the current range (not less than 31 N to not more than 49 N) and the corresponding range in the United States (U.S.) regulation (not less than 53.5 N to not more than 67 N) in Test Method No. 213 — Child Restraint Systems and Test Method No. 213.3 — Restraint Systems for Disabled Persons respectively. The manufacturer would choose the range to test its product until August 31, 2002. After that date, only the range from not less than 53 N to not more than 67 N would be retained.

Paragraphs 3.3.3 of Test Method No. 213.1 — Infant Restraint Systems and of Test Method No. 213.5 — Restraint Systems for Infants with Special Needs

The load to which the tether strap and seat belt must be tightened for the dynamic test of an infant restraint system and restraint system for infants with special needs would be amended to permit the current range (not less than 31 N to not more than 49 N) and the corresponding range in the U.S. regulation (not less than 53.5 N to not more than 67 N) in Test Method No. 213.1 — Infant Restraint Systems and in Test Method No. 213.5 — Restraint Systems for Infants with Special Needs respectively. The manufacturer would choose the range within which to test its product until August 31, 2002. After that date, only the range from not less than 53 N to not more than 67 N would be retained.

Effective date

The proposed changes would come into force on the date of registration of the amendment by the Clerk of the Privy Council.

Alternatives

Since the purpose of this amendment is to permit the use of devices that have the potential to increase safety and to change unintended conditions of the test fixture, the dynamic seat assembly and the test procedure, no other alternatives were considered adequate.

Because the amendments would also clarify the testing requirements for infant and rearward-facing child restraint systems and would harmonize with similar requirements and testing requirements in effect in the United States, (see footnote 17) the Department has determined that no other alternatives but to propose these amendments were adequate.

Benefits and Costs

Although they would be difficult to quantify, the Department feels that this amendment will have positive benefits for the safety offered by restraint systems and booster cushions. Previous studies (see footnote 18) have shown that the addition of a tether strap increases the safety of children restrained by some infant or rear-facing child restraint systems. By making a tether optional, the Department ensures that the manufacturer, which is in the best position to assess the safety benefits of adding a tether strap on its particular rear-facing product, will be able to offer the best safety alternative to the public.

A manufacturer who had requested that tethers be permitted on high back booster cushions has supplied some information to the Department showing that some booster cushions would benefit from a tether strap. The Department recognizes that the manufacturer is in the best position to determine the safety benefit of the tether on its booster cushion and is therefore not requiring tethers on booster cushions but rather permitting them.

Because at this time infant and rear-facing child restraint systems and booster cushions are not currently sold in Canada with a tether strap, the Department could not evaluate the benefits of permitting the use of a tether strap from field collision data. However, because this measure is voluntary, the cost associated with it would not be incurred unless a manufacturer voluntarily supplies a tether with one of its products. It is estimated that the cost of voluntarily adding a tether strap to a rear-facing restraint or booster cushion would be approximately $5.50 (see footnote 19) in 1999 Canadian dollars.

The Department believes that permitting a new tether hook dimension profile would decrease the cost of the tether strap. This would be possible because it would be permitted to use one part, a hook incorporating the tether webbing adjustment hardware, instead of two parts, the hook and a separate webbing adjustment hardware.

In the case of clarifications to the testing requirements, the Department does not wish to require that manufacturers recertify all their products when this change comes into force. For this reason, the Department is proposing to amend the test procedure to permit testing to the current or to the new tension values until August 31, 2002. On September 1, 2002, and after that date, manufacturers would have to test exclusively using the new belt and tether values.

Consultation

Infant and child restraint manufacturers have requested these changes through discussions and letters with the Department's Standards and Regulations and Enforcement Groups. They had requested that:

— infant and rearward-facing child restraint systems be tested using the same specifications for the dynamic seat assembly that were in place before the RSSR and those are used in the United States;

— infant and rear-facing restraint systems and booster cushions be permitted to be sold in Canada with a tether strap; and

— a new tether hook profile be permitted when a tether strap webbing adjustment mechanism is incorporated in the tether hook.

This proposal will be subject to the normal consultation process through prepublication in the Canada Gazette, Part I, and parties will have 60 days in which to respond. All comments will be taken into consideration in the preparation of the final regulation.

Compliance and Enforcement

Child restraint manufacturers and importers are responsible for ensuring that their products comply with the requirements of the RSSR. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting and testing restraints 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. If a restraint 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 Motor Vehicle Safety Act.

Contact

For further information, please contact France Legault, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1963 (Telephone), (613) 990-2913 (Facsimile), legaulf@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote b), that the Governor in Council, pursuant to section 5 (see footnote c) and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to France Legault, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular, under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, November 20, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS

AMENDMENTS

1. The definitions "tether strap" (see footnote 20) and "tether strap hook" (see footnote 21) in subsection 1(1) of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 22) are replaced by the following:

"tether strap" means a device that is fitted with a tether strap hook and secured to the rigid structure of a restraint system or booster cushion and that transfers the load from that system or booster cushion to the user-ready tether anchorage. (courroie d'attache)

"tether strap hook" means a device that is used to attach a tether strap to a user-ready tether anchorage and has an interface profile shown in Figure 1 of Schedule 10 or, in the case of a device with integrated adjustment hardware, Figure 2 of Schedule 10. (crochet de la courroie d'attache)

2. (1) Subsection 4(3) of the Regulations is repealed.

(2) Subsection 4(7) of the Regulations is replaced by the following:

(7) Every restraint system that is designed to be used as more than one type of restraint system or as a restraint system and booster cushion must conform to the standards set out in Schedules 3 to 7 that are applicable to each type of restraint system or booster cushion for which it is designed to be used.

3. (1) Subparagraph 6(f)(iii) of the Regulations is replaced by the following:

(2) Subparagraphs 6(g)(i) and (ii) of the Regulations are replaced by the following:

4. (1) Subparagraph 7(f)(iii) of the Regulations is replaced by the following:

(2) Subparagraphs 7(h)(i) and (ii) of the Regulations are replaced by the following:

5. (1) Paragraph 8(e) of the Regulations is replaced by the following:

(e) a statement that indicates that, whether the booster cushion is in use or not, it must be secured to the vehicle by means of a vehicle seat belt and, if equipped with a tether strap, by means of the tether strap; and

(2) Subparagraphs 8(f)(i) and (ii) of the Regulations are replaced by the following:

6. (1) Subparagraph 9(g)(iii) of the Regulations is replaced by the following:

(2) Subparagraphs 9(h)(i) and (ii) of the Regulations are replaced by the following:

7. Paragraph 13(2)(d) of the Regulations is replaced by the following:

(d) state that the system, even when unoccupied, must be firmly secured with a vehicle seat belt and, if equipped with a tether strap, the tether strap;

8. Section 1 (see footnote 23) of Schedule 3 to the Regulations is replaced by the following:

1. In this Schedule, "Test Method 213" means Test Method 213 — Child Restraint Systems (June 2000).

9. (1) Section 7 of Schedule 3 to the Regulations is amended by adding the following after subsection (1):

(1.1) Every rearward-facing child restraint system must be capable of being secured to the vehicle by the sole means of a vehicle seat belt or a vehicle seat belt together with one tether strap that is provided with the system and conforms to section 10.

(2) Subsection 7(2) of Schedule 3 to the Regulations is replaced by the following:

(2) Every tether strap that is used to secure a child restraint system to the vehicle must be fitted with a tether strap hook the dimensions of which, at the point of attachment to the anchorage hardware, conform to those shown in Figure 1 of Schedule 10 or, in the case of a tether strap hook with integrated adjustment hardware, Figure 2 of Schedule 10.

10. Subsection 13(3) of Schedule 3 to the Regulations is replaced by the following:

(3) The seat used in dynamic testing must be the standard seat assembly described in drawing package NHTSA SAS-100-1000, as shown in Figure 2, and, except in the case of a rearward-facing system, the seat back must be fixed so that rotation about the seat back pivot axis is prevented.

11. Figure 1(see footnote 24) of Schedule 3 to the Regulations is repealed.

12. Note 5 to Figure 2 of Schedule 3 to the Regulations is replaced by the following:

5. Except in the case of a rearward-facing child restraint system, the seat back is to remain fixed relative to the seat back pivot axis during dynamic testing.

13. Section 1 of Schedule 4 to the Regulations is replaced by the following:

1. In this Schedule, "Test Method 213.1" means Test Method 213.1 — Infant Restraint Systems (June 2000).

14. Paragraph 2(b) of Schedule 4 to the Regulations is replaced by the following:

(b) be capable of being secured to the vehicle by the sole means of a vehicle seat belt or a vehicle seat belt together with one tether strap that is provided with the system in such a manner that the belt will impose no loads directly on the infant that result from the mass of the system;

15. The heading before section 7 of Schedule 4 to the Regulations is replaced by the following:

Belts, Buckles and Tether Straps

16. Subsection 7(2) of Schedule 4 to the Regulations is replaced by the following:

(2) Every tether strap that is used to secure an infant restraint system to the vehicle must be fitted with a tether strap hook the dimensions of which, at the point of attachment to the anchorage hardware, conform to those shown in Figure 1 of Schedule 10 or, in the case of a tether strap hook with integrated adjustment hardware, Figure 2 of Schedule 10.

(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 subsections 209(17) and (19) of Schedule IV to the Motor Vehicle Safety Regulations.

17. The portion of section 8 of Schedule 4 to the Regulations before paragraph (a) is replaced by the following:

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

18. (1) Paragraph 10(1)(d) of Schedule 4 to the Regulations is replaced by the following:

(d) the system must restrict the movement of the anthropomorphic test device so that the target point on either side of the device's head, at any time during and immediately after the test, passes through neither the transverse vertical plane passing through the forward-most point on the top of the infant restraint system, as shown in Figure 1, nor through the transverse vertical plane passing through point X on the seat, as shown in Figure 2; and

(2) Subsection 10(2) of Schedule 4 to the Regulations is replaced by the following:

(2) The seat used in dynamic testing must be the standard seat assembly described in drawing package NHTSA SAS-100-1000, as shown in Figure 3.

19. Note 5 (see footnote 25) to Figure 3 of Schedule 4 to the Regulations is repealed.

20. Section 2 of Schedule 5 to the Regulations is replaced by the following:

2. Every booster cushion must be capable of being secured to a vehicle by the sole means of a vehicle seat belt or, in the case of a booster cushion that has a seat back, by a vehicle seat belt together with one tether strap that is provided with the booster cushion. A booster cushion must not incorporate any additional harness.

Tether Straps

2.1 (1) Every tether strap that is used to secure a booster cushion to the vehicle must be fitted with a tether strap hook the dimensions of which, at the point of attachment to the anchorage hardware, conform to those shown in Figure 1 of Schedule 10 or, in the case of a tether strap hook with integrated adjustment hardware, Figure 2 of Schedule 10.

(2) Every tether strap attachment and piece of adjustment hardware used in a booster cushion must conform to the requirements of subsections 209(17) and (19) of Schedule IV to the Motor Vehicle Safety Regulations.

(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 paragraph 2.3.3 of Motor Vehicle Safety Test Methods, Chapter 2, Section 209 — Seat Belt Assemblies (February 27, 1984), have a breaking strength of not less than 75% of the strength of the unabraded webbing; and

(b) meet the requirements of paragraphs 209(7)(h) to (k) of Schedule IV to the Motor Vehicle Safety Regulations.

21. 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 (June 2000).

22. Paragraph 6(3)(a) of Schedule 6 to the Regulations is replaced by the following:

(a) be fitted with a tether strap hook the dimensions of which, at the point of attachment to the anchorage hardware, conform to those shown in Figure 1 of Schedule 10 or, in the case of a tether strap hook with integrated adjustment hardware, Figure 2 of Schedule 10; and

23. Figure 1 (see footnote 26) of Schedule 6 to the Regulations is repealed.

24. Section 1 of Schedule 7 to the Regulations is replaced by the following:

1. In this Schedule, "Test Method 213.5" means Test Method 213.5 — Restraint Systems for Infants with Special Needs (June 2000).

25. (1) Paragraph 9(1)(d) of Schedule 7 to the Regulations is replaced by the following:

(d) in the case of a system other than a car bed, the system must restrict the movement of the anthropomorphic test device so that the target point on either side of the device's head, at any time during and immediately after the test, passes through neither the transverse vertical plane passing through the forward-most point on the top of the infant restraint system, as shown in Figure 1, nor through the transverse vertical plane passing through point X on the seat, as shown in Figure 2;

(2) Subsection 9(2) of Schedule 7 to the Regulations is replaced by the following:

(2) The seat used in dynamic testing must be the standard seat assembly described in drawing package NHTSA SAS-100-1000, as shown in Figure 3.

26. Note 5 to Figure 3 of Schedule 7 to the Regulations is repealed.

27. The Regulations are amended by adding the following after Schedule 9:

SCHEDULE 10
(Subsection 1(1))

Notes

1. Dimensions in mm, except where otherwise indicated

2. Drawing not to scale

Figure 1 — Interface Profile of Tether Strap Hook

Notes

1. Dimensions in mm, except where otherwise indicated

2. Drawing not to scale

Figure 2 — Interface Profile of Tether Strap Hook with Integrated Adjustment Hardware

COMING INTO FORCE

28. These Regulations come into force on the day on which they are registered.

 

Regulations Amending the Motor Vehicle Safety Regulations (Expiry Dates for Sections 108, 131 and 206)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This amendment to Schedule IV to the Motor Vehicle Safety Regulations (MVSR) makes changes to sections: 108 "Lighting System and Retroreflective Devices," 131 "School Bus Pedestrian Safety Device" and 206 "Door Locks and Door Retention Components." These changes are being made to extend the expiration date of the above sections which incorporate the Technical Standard Documents (TSDs).

TSDs incorporated in the above sections are published by the Department of Transport. They reproduce the United States (US) Federal Motor Vehicle Safety Standards (FMVSS), as amended from time to time, with certain adaptations. These adaptations include: the deletion of material that does not apply under the Motor Vehicle Safety Act (MVSA) and MVSR, metrication of measurements, deletion of superseded dates, substitution of Canadian reporting requirements for the US ones where appropriate, and minor editorial changes. Incorporated by reference in several sections of Schedule IV to the MVSR, TSDs form most of these sections' safety requirements for new motor vehicles offered for sale in Canada.

According to subsection 12(4) of MVSA, a regulation that incorporates a TSD must have an expiration date that is no later than five years after the day on which it comes into force. Therefore, these sections of the Regulations must be reaffirmed before they expire. If these sections are allowed to expire, then the safety requirements that they contain, which ensure the safety of the Canadian driving public, will cease to have the force and effect of law. This amendment serves the purpose of extending the expiration date of sections 108, 131 and 206. The proposed expiration date is January 1, 2005.

Effective date

This amendment will become effective on the date of registration by the Clerk of the Privy Council.

Alternatives

All three sections of the Regulations, and the TSDs that they incorporate, have been in effect for several years. The response from manufacturers on the use of TSDs has been favorable. The use of TSDs allows for Canadian and US requirements to be maintained in harmony because any improvement of the regulatory requirement implemented in the US was adopted in a timely manner in Canada. Where necessary, unique Canadian requirements are added or amended without defeating, or interfering with, the main objective of the regulations.

The only alternative to the presently proposed amendment is to redevelop independent Canadian requirements dealing with the subject matter of sections 108, 131 and 206. Such an alternative was not considered as practicable.

Benefits and Costs

Since there are no changes to the requirements of the amended regulations, there is no cost imposed on the industry or the public as a result of the change of the expiration dates.

Consultation

It is possible to comment on the content of this amendment during the consultation period that will follow its publication in Part I of the Canada Gazette. Comments may also be made at any of the regular meetings that are held with industry representatives to discuss regulatory development matters. All responses will be taken into consideration in the development of the final amendment.

Compliance and Enforcement

Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the MVSR. The Department of Transport 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. 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 Motor Vehicle Safety Act.

Contact

For further information, please contact Marcin Gorzkowski, P. Eng., Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1967 (Telephone), (613) 990-2913 (Facsimile), gorzkom@tc.gc.ca (Electronic mail).

For copies of Technical Standards Documents, please contact Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-8616 or 1-800-333-0371 (Telephone), (613) 990-2913 (Facsimile), poiriju@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote d), that the Governor in Council, pursuant to section 5 (see footnote e) and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Expiry Dates for Sections 108, 131 and 206).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Marcin Gorzkowski, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, November 20, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (EXPIRY DATES FOR SECTIONS 108, 131 AND 206)

AMENDMENTS

1. Subsection 108(66) (see footnote 27) of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 28) is replaced by the following:

(66) This section expires on January 1, 2005.

2. Subsection 131(3) (see footnote 29) of Schedule IV to the Regulations is replaced by the following:

(3) This section expires on January 1, 2005.

3. Subsection 206(4) (see footnote 30) of Schedule IV to the Regulations is replaced by the following:

(4) This section expires on January 1, 2005.

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

[49-1-o]

Footnote 1

SOR/89-298

Footnote a

S.C. 1992, c. 4, s. 7

Footnote 2

SOR/96-433

Footnote 3

SOR/98-159

Footnote 4

Drawing package NHSTA SAS-100-1000

Footnote 5

U.S. Code of Federal Register, Title 49, Ch. V, Part 571.213 (10-1-99 Edition)

Footnote 6

Canada Gazette, Part I "CMVSS 210.2 - Universal Attachment System for Infant and Child Restraints Regulations", March 6, 1999, pages 629-635

Footnote 7

Test Method No. 213 - Child Restraint Systems, Issued April 1, 1982, Revised October, 1997

Footnote 8

Test Method No. 213.1 - Infant Restraint Systems, Issued April 1, 1982, Revised October, 1997

Footnote 9

Test Method No. 213.3 - Restraint Systems for Disabled Persons, Issued June 1, 1987, Revised October, 1997

Footnote 10

Test Method No. 213.5 - Restraint Systems for Infants with Special Needs, Issued October, 1997

Footnote 11

SOR/2000-89

Footnote 12

Chapter M-10 of the Revised Statutes of Canada, 1985; SOR/89-490; SOR/92-545 and SOR/94-669

Footnote 13

C.R.C., c. 1038, 1978; SOR/97-447; SOR/92-545; SOR/87-154; SOR/78-910

Footnote 14

Drawing package NHSTA SAS-100-1000

Footnote 15

Chapter M-10 of the Revised Statutes of Canada, 1985; SOR/89-490; SOR/92-545; SOR/94-669 and SOR/97-447

Footnote 16

Drawing package NHSTA SAS-100-1000

Footnote 17

Lumley, Michael, Child Restraint Tether Straps — A Simple method of Increasing Safety for Children, SAE paper 973305, Child Occupant Protection 2nd Symposium Proceeding, P-316

Footnote 18

Lumley, Michael, Child Restraint Tether Straps — A Simple method of Increasing Safety for Children, SAE paper 973305, Child Occupant Protection 2nd Symposium Proceeding, P-316

Footnote 19

Road Safety Directorate, Transport Canada, A Review of the DOT/NHTSA Cost Estimates for the Proposed ISOFIX Child Seat Restraint Standard and Implications for the Canadian Situation

Footnote b

S.C. 1993, c. 16

Footnote c

S.C. 1999, c. 33, s. 351

Footnote 20

SOR/2000-89

Footnote 21

SOR/2000-89

Footnote 22

SOR/98-159

Footnote 23

SOR/2000-89

Footnote 24

SOR/2000-89

Footnote 25

SOR/98-524

Footnote 26

SOR/2000-89

Footnote d

S.C. 1993, c. 16

Footnote e

S.C. 1999, c. 33, s. 351

Footnote 27

SOR/96-366

Footnote 28

C.R.C., c. 1038

Footnote 29

SOR/96-366

Footnote 30

SOR/97-14

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