Canadian Laws on Child Restraints

[CDNTech]

I was asked in another thread what our Canadian laws are in regards to child restraints, so I thought I'd post it over here in case anyone else wants to know as well.

The Federal law must be followed by all provinces and then it is up to them whether or not they want to build on the Federal law, but the Federal law is minimum.

It states
Children under 20lbs MUST be rearfacing.
Children under 40lbs OR 6 years of age MUST be in a child restraint.
A top tether strap MUST be used with a FF Child restraint.

This sounds like it means your 42lb, 2yr old could legally be in nothing (depending on provincial laws which may accompany federal laws) and it could also mean that your 35lb, 5 yr old must be in a child restraint... crazy, huh? This only applies to the child restraint laws. Read on for the good news. ;)

A child under 16 is required to be properly buckled into a seatbelt, if they are not, it is against a proper use law. So all children must be properly restrained under one law or another... basically an indirect booster law for all of Canada.

This means that if you have a child under 16 sitting in a seatbelt that does not fit them correctly (meaning the 5 Step Test listed at the end of this post), it is ticketable and against the proper use law.

THE 5 STEP TEST
If you answer "No" to any of these questions, your child must be in a booster seat:
1. Does the child sit all the way back against the auto seat?
2. Do the child's knees bend comfortably at the edge of the auto seat?
3. Is the lap belt touching the top of the thighs, not the tummy?
4. Is the shoulder belt centered on the shoulder and chest?
5. Can the child stay seated like this for the whole trip?
BELT-POSITIONING BOOSTERS CAN NOT be used with only a lap belt!
(See your car dealer for a lap/shoulder belt retrofit.)

Basically, any child under 16 must be in either a seatbelt, booster or child restraint and must be using it correctly.

[mommycat]

Thanks Jen!

I thought I would add in info specific to NS, from the Child Safety Link website (http://www.childsafetylink.ca/safetyinfo-carseat.asp). Please visit the website as it lists recommended practice over and above the basic law and clarifies things a bit more. However, the basic NS law is:

NOVA SCOTIA Law

As of January 1, 2007, kids in cars have to be buckled into a booster seat until they turn nine, unless they're more than 145 cm (4'9" tall).

Under the new legislation:

• Infants must be secured in a rear-facing child seat until they are a
minimum of 1 year old and a minimum of 10 kg (22 lb);

• Children who weigh at least 10 kilograms (22 lb) and are at least one
year old may face forward;

• Children who weigh less than 18 kilograms (40 lb) must be in child seats;

• Children who weigh more than 18 kilograms must be in a booster seat if
they are younger than nine years of age unless they have reached 145
centimetres (57 inches) in height.

[CDNTech]

Thanks Jen!

I thought I would add in info specific to NS, from the Child Safety Link website (http://www.childsafetylink.ca/safetyinfo-carseat.asp). Please visit the website as it lists recommended practice over and above the basic law and clarifies things a bit more. However, the basic NS law is:

I was actually just reading through my CRS Tech manual and I have every single provincial law for Canada listed in here.

Basically with the Federal law listed above, it covers all the extra provincial laws as well due to the proper use law (but it never hurts to add the provincial laws for interested parties). ;)

[Jewels]

I was actually just reading through my CRS Tech manual and I have every single provincial law for Canada listed in here.


So what is it for MB?
I thought it was:
RF til 1 and 20lbs
Harnessed to 40lbs
Booster til 8 and/or 80lbs

[CDNTech]

So what is it for MB?
I thought it was:
RF til 1 and 20lbs
Harnessed to 40lbs
Booster til 8 and/or 80lbs

Manitoba's basic law states the following:

April 1984 (when it came into effect) - All children under 5 years of age and 50 pounds must be restrained in an appropriate device prescribed in the regulations and the device must be properly secured to the motor vehicle.

Remember this is in addition to federal laws... so

RF until 20lbs
Harnessed until 5 years AND 50 lbs
Harnessed until 6 years IF under 40lbs
Boostered until the adult seatbelt fits correctly (can pass the 5 step test)

[Jewels]

This is where I got my info about the MB carseats. (http://www.mpi.mb.ca/English/rd_safety/OccupantProtection/seat_breakdown.html). I thought they had updated the booster seat law :confused:

[CDNTech]

This is where I got my info about the MB carseats. (http://www.mpi.mb.ca/English/rd_safety/OccupantProtection/seat_breakdown.html). I thought they had updated the booster seat law :confused:

There is a difference between law and what is recommended. I believe it is difficult to find exactly what the law states because it is sooo abyssmal (sp?).

I think most websites are starting to list best practice and stating it as law... really, if you read the Federal laws posted at the top, they support best practice, so the websites are correct for the most part.

[Jewels]

Okay :)

I wasn't sure if that was law or suggested.

[hipmaman]

I don't mean to argue, but more intrigue (really) and need enlightening if I have thought wrong all along.

I thought traffic law is set and enforced by the provinces. Who is the authority that set the Federal Law that you mentioned? TC? I thought TC is only to set safety standards to which all legal restraints must comply.

In addition, the 5-step test is not the law, as far as I am aware of. It is a set of measurements that recommended and we use it, but taken from our US counterparts and not anywhere in Canadian text. No?

[CDNTech]

I don't mean to argue, but more intrigue (really) and need enlightening if I have thought wrong all along.

I thought traffic law is set and enforced by the provinces. Who is the authority that set the Federal Law that you mentioned? TC? I thought TC is only to set safety standards to which all legal restraints must comply.

In addition, the 5-step test is not the law, as far as I am aware of. It is a set of measurements that recommended and we use it, but taken from our US counterparts and not anywhere in Canadian text. No?

The Federal laws are set under the Motor Vehicle Act Regulations. I don't have the specific numbers with me, but each of those laws correspond to a specific act # when officers are giving out tickets... so I do know that they are Canada wide, not just provincial.

You are correct in saying that the 5 step test is not the law. I included it because it is a definitive way to tell if your child fits into the adult seatbelt. If they do not fit into the adult seatbelt then that is against the law. It also has an act # that corresponds to it and it falls under the proper use law. Any child under 16 that does not fit into the seatbelt correctly is not following the law.

This was all information given in our course and discussed explicitly as we did a checkstop with local authorities and needed to know what tickets we were asking them to write. I wish I had the correct penal code numbers to give you, but that was the officer's end, not mine. ;)

If you really need them, then I can contact our instructor and ask for them... but I know she's pretty busy with courses for the next little while, so it may take some time.

[hipmaman]

This was all information given in our course and discussed explicitly as we did a checkstop with local authorities and needed to know what tickets we were asking them to write. I wish I had the correct penal code numbers to give you, but that was the officer's end, not mine. ;)

If you really need them, then I can contact our instructor and ask for them... but I know she's pretty busy with courses for the next little while, so it may take some time.

I'll check with my course materials and with the instructors at my branch too for this. I just recall seeing the laws in the provinces and territories, but not a federal/Canada-wide set of laws.

Btw, is this the Canadian Motor Vehicle Act Regulations you referred too? http://www.tc.gc.ca/acts-regulations/GENERAL/M/mvsa/regulations/mvsrg/toc_mvsrg.htm They are standards, aren't they? Not laws? I just want to know so when I talk to my instructors, I at least won't sound 'crazy', lol.

Thanks.

[CDNTech]

I'll check with my course materials and with the instructors at my branch too for this. I just recall seeing the laws in the provinces and territories, but not a federal/Canada-wide set of laws.

Btw, is this the Canadian Motor Vehicle Act Regulations you referred too? http://www.tc.gc.ca/acts-regulations/GENERAL/M/mvsa/regulations/mvsrg/toc_mvsrg.htm They are standards, aren't they? Not laws? I just want to know so when I talk to my instructors, I at least won't sound 'crazy', lol.

Thanks.

There are no laws stated in the manual for Canada, they're all provincial.

However, the tickets the officers were writing are based on Federal laws which were explained explicitly so that we would know how to ticket for a child that was over 40lbs, but did not fit in an adult seatbelt.

No, that's not where the information comes from... the officer's have cheat sheets with penal codes on them... I think one was Section 78.4 or something like that. Those are the Federal laws I'm talking about.

You know when you get a speeding ticket, it always states which law # you broke? It's the same for child restraints, under that same section.

I'm soo not explaining this right, sorry! I'll see if I can get a hold of Kim (my instructor) next week and have her tell me where I can link you.

You're right that TC just sets standards... these laws that I'm referring to are what RCMP, Sherriffs, Peace Officers, ect. have to follow when issueing tickets. These are the Federal laws that I stated in the first post and what officers ticket for.

[snowbird25ca]

I'll check with my course materials and with the instructors at my branch too for this. I just recall seeing the laws in the provinces and territories, but not a federal/Canada-wide set of laws.

Btw, is this the Canadian Motor Vehicle Act Regulations you referred too? http://www.tc.gc.ca/acts-regulations/GENERAL/M/mvsa/regulations/mvsrg/toc_mvsrg.htm They are standards, aren't they? Not laws? I just want to know so when I talk to my instructors, I at least won't sound 'crazy', lol.

Thanks.




You're right that TC just sets standards... these laws that I'm referring to are what RCMP, Sherriffs, Peace Officers, ect. have to follow when issueing tickets. These are the Federal laws that I stated in the first post and what officers ticket for.

My understanding is similar, that TC sets standards that all provinces must follow as minimums. Every provincial law must enact the bare minimum set by TC. Each province does have it's own laws, and many provinces go above the minimum requirements set by each, but they can't go below it.

So while each province does make their own laws for enforcement, in essence it amounts to being TC's standards plus anything over and above - at least that's my understanding. So TC's standards are made law by the provinces, making a minimum law across the country since all provinces have to have the same minimum.

Don't know if I'm explaining it any clearer or not now that I read it back over. :o

[beeman]

This is where I got my info about the MB carseats. (http://www.mpi.mb.ca/English/rd_safety/OccupantProtection/seat_breakdown.html). I thought they had updated the booster seat law :confused:

Jewels, isn't that like saying the same thing for Saskatchewan. Not law, just reccomended. Our provinces are pathetic that way.

Jen, I didn't know the federal covered like that. Thanks for mentioning that, that will help convincing people to use boosters here in our lawless provinces. Thanks.

[CDNTech]

Jewels, isn't that like saying the same thing for Saskatchewan. Not law, just reccomended. Our provinces are pathetic that way.

Jen, I didn't know the federal covered like that. Thanks for mentioning that, that will help convincing people to use boosters here in our lawless provinces. Thanks.

Totally :ROTFLMAO: at your new siggy! lol

[beeman]

Glad you like it.

[CDNTech]

Just bumping to keep this at the top :D

[cantech]

Jen,

Do you have the federal statute or regulation that you're refering to as Federal Law?

I've been able to find the Motor Vehicle Safety Act and the Motor Vehicle Safety Regulations and the Motor Vehicle Restraint System and Booster Cushions Safety Regulations under both the Departments of Justice and Transportation.

All of these Federal Acts and Regulations relate to the standards that restraints and vehicles must be manufactured and perform to not the manner in which they are to be used. My understanding is that it is the provinces alone who hold the power to decide how occupants must be restained.

As an instructor I would like to be as accurate as possible in the information I share with students and if my understanding is wrong I would like to correct it.

As for tethers being "law"...my understanding is that the standards are not to be design restrictive therefore, tethers are not "law". As yet there has not been a restraint produced that can meet Canadian performance standards for head excursion without employing the use of a top tether therefore making them necessary in Canada. I know this may seem like semantics but there is a distinction and it does not make a tether any less important. It does however mean that instruction manuals need to be very clear in their wording.

Looking forward to any response providing enlightenment.

Belinda

[CDNTech]

I've sent an e-mail off to my instructor and am waiting to hear back from her.

I'll let you know as soon as I hear from her! :)

[CDNTech]

Okay, I have a reply for you Belinda.

The child restraint laws are a federal requirement and met or exceeded by each province, the entire act is available at www.tc.gc.ca/acts-regulations. It is the manufacturer that sets the performance, weights and orientation of their seats and are approved with the National Safety Mark based on that.

The laws as stated are correct. It is what the RCMP issues tickets for and if they are not followed, they are ticketable offenses.

[hipmaman]

The laws as stated are correct. It is what the RCMP issues tickets for and if they are not followed, they are ticketable offenses.

Just so I understand this... This is for places that the RCMP has jurisdiction over such as smaller towns where the RCMP is the enforcement, right? RCMP cannot ticket anyone on provincial highways (OPP in Ontario, for example has the jurisdiction) or on city streets (city/regional police). Right?

Thanks.

[CDNTech]

Just so I understand this... This is for places that the RCMP has jurisdiction over such as smaller towns where the RCMP is the enforcement, right? RCMP cannot ticket anyone on provincial highways (OPP in Ontario, for example has the jurisdiction) or on city streets (city/regional police). Right?

Thanks.

In Alberta... RCMP, City Police, Sherriff's and Peace Officer's can ticket for these offenses... basically all officer's that give out tickets can give out these tickets. I would think the same would be true for the OPP. Correct me if I'm wrong, but I believe they follow the same penal code which is where the ticketable offenses come from.

My apologies that I was not very clear when I stated RCMP. :o They were the first officer's that came to mind as being across Canada.

[dd9736]

so this is the absolute minimum, does Alberta follow anything higher than this? My understanding is that it doesn't.
Are there any carseat manufacturers that allow the child to be under 1yr and ffing (If not I want to call my friend right away and give her a Legal reason to turn her 9month old rearfacing, as she won't listen to my other research)

[snowbird25ca]

so this is the absolute minimum, does Alberta follow anything higher than this? My understanding is that it doesn't.
Are there any carseat manufacturers that allow the child to be under 1yr and ffing (If not I want to call my friend right away and give her a Legal reason to turn her 9month old rearfacing, as she won't listen to my other research)

You're in AB are you? Where bouts are you? Jen and I are both in AB.

Right now AB has 1 yr or 20lbs legal minimum, official recommendation is 1yr, 20lbs and pulling to a stand unassisted. Let me find capital health's car seat links and post them. I think they give more info. There is legislation in AB in the beginning stages from what I understand that includes booster seats, I'm not sure about other aspects though - since they're working on it right now from what I understand, this would probably be a good time to contact your MLA. :thumbsup:

[dd9736]

You're in AB are you? Where bouts are you? Jen and I are both in AB.

Right now AB has 1 yr or 20lbs legal minimum, official recommendation is 1yr, 20lbs and pulling to a stand unassisted. Let me find capital health's car seat links and post them. I think they give more info. There is legislation in AB in the beginning stages from what I understand that includes booster seats, I'm not sure about other aspects though - since they're working on it right now from what I understand, this would probably be a good time to contact your MLA. :thumbsup:

I'm about 1hr north of Edmonton, (depending on how you drive)
Thank you for your help.

[snowbird25ca]

I'm about 1hr north of Edmonton, (depending on how you drive)
Thank you for your help.

I live in Edmonton, so you could always send her to me. ;) I wouldn't be able to tell her it's illegal to have her 20lb 9mo old ff'ing, but I could definitely tell her it's not recommended by capital health and that it's unsafe and explain why. Maybe she'd listen differently hearing a tech tell her the same info you're giving her?

[CDNTech]

I live in Edmonton, so you could always send her to me. ;) I wouldn't be able to tell her it's illegal to have her 20lb 9mo old ff'ing, but I could definitely tell her it's not recommended by capital health and that it's unsafe and explain why. Maybe she'd listen differently hearing a tech tell her the same info you're giving her?

Trudy... if her carseat manual specifies 1 year old, you can tell her it's illegal... under the proper use clause. Just fyi. :)

[snowbird25ca]

Trudy... if her carseat manual specifies 1 year old, you can tell her it's illegal... under the proper use clause. Just fyi. :)
Hehehe, yep, I could that way - or based on height. So I guess that does fall under the provincial law in that manner. :whistle: I was more meaning in a blanket fashion though, that I wouldn't have someone refer someone to me just so I'd say what they were doing was illegal or not allowed. ;)

[dd9736]

Trudy... if her carseat manual specifies 1 year old, you can tell her it's illegal... under the proper use clause. Just fyi. :)

that's why I was asking, I'm not even sure she has the manual or even knows what kind it is though, it's almost 10years old, I was trying to help her find a cost efficient new one, then she was given this one, and all my work to help her make the right decision went right out the window. And now I'm unsure how to approach her about it, because since she decided to turn her ffing, she doesn't want to talk to me as much (doesn't want to feel like she's putting her daughter in danger maybe??)

[snowbird25ca]

that's why I was asking, I'm not even sure she has the manual or even knows what kind it is though, it's almost 10years old, I was trying to help her find a cost efficient new one, then she was given this one, and all my work to help her make the right decision went right out the window. And now I'm unsure how to approach her about it, because since she decided to turn her ffing, she doesn't want to talk to me as much (doesn't want to feel like she's putting her daughter in danger maybe??)

If it's around 10yrs old, it's quite possible it's been recalled too. Here's the TC link on buying used car seats:

http://www.tc.gc.ca/roadsafety/tp/tp13511/tips.htm#Used%20Car%20Seats

It's very very brief, but it does mention 10yrs, missing parts, never in a collision, check for recalls.

Here's a link to the recall list:
(It's organized by manufacturer.)
http://www.tc.gc.ca/roadsafety/childsafety/notices/menu.htm

IF her seat is over 10yrs old, obviously damaged or unsafe and recalled, she could potentially be detained and not allowed to transport her children away from a seat check (if pulled over by police doing a seat check,) until somebody was able to bring her a seat up to current standards. It has been done in the past, even with a parent that was 5mins away from home. And road-side seat checks are being done more often now.

Fines are $115 per area of offence, each seat can be ticketed up to 3 times. Does her seat even have a top tether?

Sorry about the whole situation. It sounds like this may be a case of talk until you're blue in the face and she won't change anything. She might've done her own thing even if the health nurse had told her her little one was too young to be ff'ing. In her case, I'm not sure laws would make a difference as she's already using an obviously old and probably dangerous restraint. :thumbsdown:

It's too bad you're not closer - you could say something simple about getting the installation checked by a certified technician and leave out the whole ff'ing rf'ing debate with her. At this point, with that old of a car seat, her little one would be safer if the car seat was at least new - even if she went with the bare minimum and left him ff'ing (at least provided he met the minimum requirements of the car seat.) Sometimes all we can do is provide the information, offer the help and then it's up to the parents to do the right thing. Even once people are ticketed, it doesn't always mean they'll change their ways. Some people just don't get it... :(

[Melizerd]

I was just coming to look for this information. I have a friend in Ontario that was asking about the laws. Great thread!

[CDNTech]

Fines are $115 per area of offence, each seat can be ticketed up to 3 times.

There is no maximum number of times a seat can be ticketed. Each misuse is ticketable with no maximum number.

[snowbird25ca]

There is no maximum number of times a seat can be ticketed. Each misuse is ticketable with no maximum number.

I thought Kim had said that each section could only be ticketed once per seat, so once for installation, once for tether use or non-use, and once for if the harness was being used wrong. Maybe she just meant that most officers would only ticket once for each section? :confused:

[CDNTech]

I thought Kim had said that each section could only be ticketed once per seat, so once for installation, once for tether use or non-use, and once for if the harness was being used wrong. Maybe she just meant that most officers would only ticket once for each section? :confused:

I remember being told no limits, but that they give a minimum of two - three tickets to encourage parents to take option #4 and go to class to have their tickets waived.

[CDNTech]

bumping to the top for new people...

[CDNTech]

Bumping again for newcomers...

[thrillhouse]

Manitoba's basic law states the following:

April 1984 (when it came into effect) - All children under 5 years of age and 50 pounds must be restrained in an appropriate device prescribed in the regulations and the device must be properly secured to the motor vehicle.

Remember this is in addition to federal laws... so

RF until 20lbs
Harnessed until 5 years AND 50 lbs
Harnessed until 6 years IF under 40lbs
Boostered until the adult seatbelt fits correctly (can pass the 5 step test)



I am curious, and I have asked you this before.. where exactly are you getting "harnessed until 5 years AND 50 lbs" from? there is only 1 seat on the market that can accomodate this. saying that basically mandates that all children are in recently manufactured radians. how did that apply in 1984? is your wording correct?

[cdncasper]

The way I see it is that a child 40lbs and over as long as they are over 4 yrs can be in a booster because that is the appropriate device.

So manitoba law with federal law means

RF until min 1 yr AND 20 lbs
harness until min 4 yr AND 40lbs
booster until min 5 yr AND 50lbs
pass 5 pt test for seatbelt

[cdncasper]

This is where I got my info about the MB carseats. (http://www.mpi.mb.ca/English/rd_safety/OccupantProtection/seat_breakdown.html). I thought they had updated the booster seat law :confused:

Shauna was talking to me about changing MPIs website since it has wrong info and bad pics.

[thrillhouse]

Shauna was talking to me about changing MPIs website since it has wrong info and bad pics.

an update and maybe more clear guidleines would be great.

[CDNTech]

Bumping for new lurkers. :)

[CDNTech]

Bumping again for the new crowd. ;)

[Jewels]

Was sent this today about the booster laws in New Foundland and Labrador:

Newfoundland and Labrador Has Booster Seat Legislation!!

Starting July 1, 2008, all children under the age of 8 who are heavier than 18kg (40 lbs) but less than 37kg (80 lbs) and under 145cm (4'9") tall need to be in a booster seat. The driver of the vehicle - parent, caregiver, daycare, grandparent, etc. is responsible to see that the child is safely restrained. Children less than 18kg (40 lbs) must be secured in a car seat.

What does that mean to us?

First off - a celebration. YES!! YIPEE! FANTASTIC!! CAKE! MUSIC! Second, we need to educate, educate, educate so this change is as smooth as possible.
Can a driver be charged by the police if this isn't happening?

Yes, it is 2 demerit points and $115 fine.
If a smaller child is currently not in a booster seat (eg. 7-years old and 65 lbs) does he or she have to get in a booster seat on July 1st, 2008?

Yes.
Won't some parents and caregivers balk because of the cost of getting a booster seat?

There might be some people that are upset at the extra cost. KISS has a handout called Too Cool for a Booster Seat? / How do I Afford a Booster Seat? (http://www.kidsinsafeseats.ca/pdf/too_cool.pdf) There are quite a few ideas about both affording one and getting your child into one. Remember that if the vehicle has head-rests in the back, a simple booster seat can cost as little as $25 to $35.
Where can I see the specific legislation and media release from the Newfoundland and Labrador government?

The legislation can be found on the house of assembly web site here. (http://www.hoa.gov.nl.ca/hoa/bills/Bill0723.htm) The media release can be found here (http://www.releases.gov.nl.ca/releases/2007/gs/0608n10.htm).

Apparently there is going to be a on-line petition (with printable forms) for Manitoba :thumbsup: I'll post that when I know more.

[Jewels]

I just received this email. Another province with a booster legislation :thumbsup:

Prince Edward Island Transportation and Public Works

On January 1, 2008, new rules will come into effect that will help keep young children protected from serious injury. That’s when the province’s new booster seat regulations will become law.

Under the new rules, children who weigh 18 kilograms (40 pounds) or more must be in a booster seat if they are nine years of age or under and shorter than 145 centimetres (4' 9"). Until now, those rules were only recommendations.

“We feel these new rules will provide more incentive for parents to use booster seats to keep their children safe from harm,” says Minister of Transportation and Public Works Ron MacKinley. “The only way to protect children from the dangers of collisions or sudden stops is to make sure they are properly restrained.”

Every year, approximately 10,000 young children are injured, some fatally, in traffic collisions across the country. It is known that as many as one-third of Canadian children are not properly restrained when travelling in motor vehicles.

“We applaud the provincial government for its efforts to keep Island children safe from harm,” says Valerie Lee from the Infant and Toddler Safety Association. “Far too often we hear stories about children who were hurt or killed because they weren’t properly restrained. Hopefully this new law will help prevent that from happening on Prince Edward Island.”

The new rules mean that about 7,000 children on the Island will now be required to use booster seats. A recent survey indicates that across the country only 28 percent of Canadian families use booster seats for children between 4 and 9 years old.

[CDNTech]

Bump