[Mark Charlton]

And this is why:

Transport Canada "Kit Car"
Information Provided by Harry Baergen - Transport Canada

The purpose of this document is to help you understand your responsibilities under the Motor Vehicle Safety Act (Canada) if you plan to manufacture replicars, reproduction Vehicles or kit cars for the purpose of sale in Canada, or, if you plan to import such motor vehicles into Canada, or, if you plan to home build a kit car in Canada. The letter also portrays Transport Canada's account of the industry.

Over the years, most companies that have set out to manufacture or import kit cars. For the purpose of sale in Canada, have not included certification in their design, as federal law requires. Most companies do not appear to be interested in federal standards, nor do they seem to be interested in the related SAE Recommended Practices for automotive manufacturing. To avoid federal jurisdiction, companies that are presently doing business in Canada are selling vehicles outside of Canada and, in some form, within provincial boundaries. Although, by selling non-complying vehicles within their province, they may be infringing on provincial law.

In general, there seems to be a belief in the industry that applying modern standards to a replicar is not only financially impossible, but that it will interfere with the authenticity of the vehicle, and that it will intrude on the hobbyist nature of the industry. Actually, it is financially and aesthetically possible to certify a kit car to federal standards. Because kit cars are replicas of previously manufactured vehicles, and their configurations do not change, the cost of certification can be amortized over the years. A company's ability to certify, or a company's attitude towards certification, does not depend so much on cost as it does on the company's level of technical and engineering expertise. And, as it stands to reason that a higher level of such expertise can only result in a better, safer product for the kit car hobbyist. Examining the federal standards in relation to a kit car will show that certification will not necessarily change the vehicles authentic appearance.

Currently the industry still operates by skirting the law rather than applying engineering practices, which would inherently include federal certification. Therefore, kit cars typically do not comply with the Motor Vehicle Safety Act, and they can not be legally sold in Canada. Transport Canada (TC) monitors the industry to deter companies and individuals who are considering the manufacture or importation of kit cars without taking into account the Canada Motor Vehicle Safety Standards (CMVSS), or the compatible FMVSS in the USA.

While TC focuses on manufacturers and importers of motor vehicles, which includes kit cars, TC has no jurisdiction with the home builders who are gathering parts from various sources to build their own car for their own use. The home builder can also buy parts in kit form (which usually need a donor car) as long as the kit supplier is not selling a disassembled motor vehicle. The way to differentiate between parts and motor vehicles is to determine whether it is possible, based on the assemblage of the parts in the kit, for the kit manufacturer to certify the vehicle; or, conversely, whether it is impossible because of the many pertinent parts that may be missing in the kit. In other words, is the kit certifiable as a vehicle or not? Canada Customs has a more basic guideline; if the kit only contains a bare frame and body shell, for example and it contains no mechanical parts, they will turn the importation over to Transport Canada. Parts kits will usually be missing most of the suspension, most of the fuel system, most of the brake system and most of the drive train - these parts will likely be supplied from a donor vehicle.