Recent amendments to regulations under Canada's Motor Vehicle Safety Act establish requirements for companies to make recall information available online about their vehicle and equipment recalls. While the amendments came into force immediately upon publication on January 1, 2025, transition provisions mean that the new content and posting requirements will apply to most companies in 12 months on January 1, 2026.1 Certain companies who will be "designated" pursuant to the new regulations will also be required to develop a VIN lookup tool that must be available 18 months after a company is designated by the Minister of Transport.2
The new online posting requirements apply to recalls under the MVSA, including the Motor Vehicle restraint Systems and Booster Seats Safety Regulations and the Motor Vehicle Tire Safety Regulations.3 Transport Canada hopes these changes will enhance the availability and accessibility of recall information, ensuring that consumers can easily verify whether their vehicles are affected by safety issues, thereby increasing recall completion rates, and reducing the risk of death, injury, or property damage.4
1. Content Requirements
Companies are now required to post recall information on their websites, alongside their existing obligation to directly notify vehicle and equipment owners. The information posted online largely mirrors the information communicated in recall notification letters,5 and must be in both official languages.6
In addition to the normal customer notification information, the new regulations also require companies post:
- instructions on how to:
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- contact the company or an automobile dealership concerning any questions related to the notice,
- 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;
- a statement indicating that where information is not available at the time of posting on the website, how to obtain the information; and
- the date on which the information was last updated.7
Information about recalls underway before January 1, 2025, is not required to be made available online, but companies are required to at least include a statement on their website that notices before this date are not available and how to obtain this information.
2. Posting Location and Timing
The posting requirements mandate that recall information must be displayed either directly on the company's homepage or made available by way of a hyperlink that contains the words "Recall" or "Recalls" and "Rappel" or "Rappels".
The information must be accessible without requiring a user to register or enter any information and be free of charge. For most companies, the information posted online must remain available for 15 years following the date of posting.8
The new regulations do not affect the current obligations for direct customer and dealer notification letters. In the event of a recall, companies are still required to:
- Give notice to the Minister of Transportation "on becoming aware" of any defect or non-compliance.
- Within 60 days following the notice to the Minister, the company must:
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- give notice to the vehicle's current owner and prescribed persons (dealers) via mail or electronic letter, and now companies must also,
- post the required information on the company's website.
Transport Canada also intends to conduct spot checks of the information published by companies under these new requirements to verify compliance with the new regulations.9
Footnotes
1. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 "Implementation, compliance and enforcement, and service standards".
2. The Minister of Transport will "designate" certain companies as part of these regulatory changes. Companies that are "designated" will have 18-months following the date they are informed of their designation to comply with additional VIN lookup tool requirements for Canadian recalls, see Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 "Implementation, compliance and enforcement, and service standards".
3. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274.
4. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 "Objective".
5. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 see sections 4 (amending section 15 Motor Vehicle Safety Regulations), 5 (amending section 110 of the Motor Vehicle Restraint and Booster Seats Safety regulations), and 6 (amending section 13 of the Motor Vehicle Tire Safety Regulations) of the new regulations.
6. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 see sections 4 (amending section 15 Motor Vehicle Safety Regulations), 5 (amending section 110 of the Motor Vehicle Restraint and Booster Seats Safety regulations), and 6 (amending section 13 of the Motor Vehicle Tire Safety Regulations) of the new regulations.
7. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 see sections 4 (amending section 15 Motor Vehicle Safety Regulations), 5 (amending section 110 of the Motor Vehicle Restraint and Booster Seats Safety regulations), and 6 (amending section 13 of the Motor Vehicle Tire Safety Regulations) of the new regulations.
8. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 see sections 4 (amending section 15 Motor Vehicle Safety Regulations), 5 (amending section 110 of the Motor Vehicle Restraint and Booster Seats Safety regulations), and 6 (amending section 13 of the Motor Vehicle Tire Safety Regulations) of the new regulations.
9. Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information): SOR/2024-274 "Implementation, compliance and enforcement, and service standards".
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
