Is this legal?

[Unregistered]

I just wanted to find out if it is legal for me to have my children in US certified seats. I'm currently on "visitor" status in Canada. My husband is in the process of immigrating to the US. I frequently travel between the US and Canada with our two children. Is it okay for me to have them in US certified seats or do I need Canadian seats for them.

Kelli

[snowbird25ca]

I just wanted to find out if it is legal for me to have my children in US certified seats. I'm currently on "visitor" status in Canada. My husband is in the process of immigrating to the US. I frequently travel between the US and Canada with our two children. Is it okay for me to have them in US certified seats or do I need Canadian seats for them.

Kelli

So you're a US citizen then, living about equally in the US and Canada at the moment? And the US will be your permanent residence once your husband's paperwork is sorted?

If that's the case, I'd recommend top tethering your seats if they're not already tethered, but continuing to use your US certified seats since you're a US citizen and will be returning to the US. Assuming of course that your kids still fit their US seats properly by both height and weight and that they're restrained in the appropriate type of seat for their age/weight. I would follow the harnessing laws of BC while you're there, but I wouldn't advocate for you to spend money to replace seats when you're just here as a visitor.

I believe that legally, visitors are allowed to continue to use their FMVSS seats as long as their kids are properly restrained. I don't have a lot of experience in this area though, so hopefully someone with better knowledge of how visitor status works will chime in.

[bbartlettnfld]

I am pretty sure that Transport Canada gives you a 3 month window to buy Canadian seats. So basically if you move to Canada to reside there you have 3 months to purchase Canadian Seats.

In your case where you are not immigrating into Canada permanantly then I would say you are safe to continue using your US seats. Just make sure to top tether them. But as a US citizen who is just crossing the border for limited stays I would see no need to get Canadian seats.

BethAnn

[dream323]

Thank you for your replies! I currently have DS age 3 in a FF Marathon and DD at almost 10 months in a Peg Perego SIP. DS is tethered.

Kelli

[dd9736]

I agree with the pp, because being a US citizen, you would not be allowed to use your canadian seats in the US, for the same reason a Canadian citizen cannot use a US seat here.

[beeman]

It is my understanding of the law that you are allowed to use seats from your country of citizenship, if you are visiting. There might be something in there about the citizenship of the kids though too. Someone else should be able to clarify that.

[jebedyah]

I don't think it has anything to do with citizenship, rather it has to do with where you're a resident. A U.S. citizen (or a citizen of any other country) residing in Canada would have to use Canadian seats, and a Canadian (or other) citizen residing in the U.S. would have to use U.S. seats.

Anyone visiting either Canada or the U.S. should be free to use seats from their country of residence (which may or may not be where they're a citizen). The question is at what point does one become a resident rather than a visitor. I'm not a lawyer but I would guess that if you're traveling frequently between the the U.S. and Canada, but you're maintaining a U.S. driver's license and residence, and paying U.S. taxes, you should be free to use your U.S. seats.

I'll second snowbird25ca's advice to top-tether the seats, though. If for some reason you get pulled over, having the seats installed per Canadian standards (top tether is required) will likely prevent too many questions.

[CDNTech]

You don't become a resident of the country you are living in until you have resided there for at least 6 months... even then, if you are paying Canadian taxes and living in the US, you claim non-resident status on your US tax return. Speaking from experience on this one, so it's backwards for you since I was a Canadian living in the USA for a year.

I believe the three months is for moving between provinces/states, not countries.

If you are a US resident just visiting Canada, everything will still be US ID... your SSN, driver's license, car registration, ect. In that situation you continue to abide by your state laws in regards to child restraints. You are not legally required to top tether your child restraint, but it is strongly encouraged.

If you get pulled over, your driver's license and vehicle registration are enough to prove that you do not have to follow Canadian laws, you do have to follow your own state laws and the instructions on the child restraint. This may get tricky if you need to put that seat into a Canadian car with a Canadian driver... it would be a hassle to prove the child is a US resident, in that case, I'd probably have a Canadian seat for that situation... or just always use my vehicle.