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I am wondering where you got this information from? Would you be able to cite your source so that other Moms and Moms-to-be can further research our own provinces and the laws that are enforced.
Thanks.
Thanks.
There seems to be a high level of confusion surrounding the changes in legislation, so I wanted to have a thread based solely on the changes and what it means to both parents and techs.
First, here's a little background knowledge about laws and standards and how they fit in in terms of federal, provincial, and what roles each type of law plays including who is responsible for enforcement. I am not quoting anything word for word here, my goal is to try and put this in to easy to understand terms so that when we're talking with parents we can give them the simplest and most easy to understand picture. :thumbsup:
Law:
Federal:
The federal government writes the safety standards for children’s restraint systems. The provincial/territorial governments, under their Highway traffic Acts, write the legislation for usage. The federal government does not order the provinces to do so, it is up to the provinces to extract what they wish to enforce from the federal laws. For example, even though booster seat regulations have been on the federal roles for thirty years, not all provinces have chosen to enforce their use.
So basically, when it comes to enforcement, only the province is responsible.
Federal law does break down their regulations by forward facing, rear facing, booster seats, and disabled persons’ seats (including infants with special needs). They have minimum requirements for each of these types of seats, but it is up to the provinces to decide if they will accept the minimum recommendations, or create their own.
Provincial:
Provinces determine the legislation surrounding the transport of children based on the minimum requirements set federally. Because each province is responsible for their own traffic safety act, each province has different rules and the fines and/or demerits vary by province.
The change to standards:
CMVSS 213, 213.1, and 213.2 all underwent changes. To clarify before going further:
CMVSS 213 - Child restraint systems
CMVSS 213.1 - Infant restraint systems
CMVSS 213.2 - Booster Seats
The changes that were made to CMVSS affect what regulations a child restraint manufacturer must comply with.
In order for a seat to be sold in Canada, it must have a National Safety Mark. (NSM) The NSM is the maple leaf sticker on the restraint. It must bear the number assigned to the company in the center of the sticker, and then the appropriate sections of CMVSS that the seat is compliant with (and thus how it is able to be used.) By affixing the NSM, the company is certifying that the seat with the applicable CMVSS.
NEW Regulations:
As of January 1, 2011, all new seats being imported to Canada will have to comply with the new legislation.
The part which has been discussed the most on the board and what I will focus on here is the change made to how child restraint systems are described.
CMVSS 213 - child restraint systems: As of January 1, 2011, child restraint systems will be defined as systems for use by children between 22 and 65lbs AND who are able to walk unassisted.
CMVSS 213.1 – the definition of an infant is now an individual less than 22 pounds and unable to walk unassisted.
There have also been changes made to the crash test bench assembly, the family of crash test dummies being used, and booster seats will now be required to pass dynamic testing as well. Perhaps most notably, the Canadian crash test bench will have a lap/shoulder belt assembly in the center seating position, and CMVSS 213 and 213.1 seats will have to pass testing with UAS, lap only, and lap/shoulder belts. (One at a time, not all at the same time.)
Requirements such as top tethering being mandatory will not change, and the requirement that has resulted in Canadian seats having more energy absorbing material in the head area - compression/deflection testing, remains as well.
So what's the bottom line?
Before I edited the post, this was what I originally said regarding seats on store shelves January 1st, 2011. What I initially said is actually incorrect and I am leaving the wording here only so that there is a point of reference as to what I've changed.
I have gotten some clarification on this comment, and according to the Hazardous Products Act, the seats on the shelf must meet the current standrds. Therefore, they will all be removed by Health Canada. NOW - and this is important. The seats in the market place will be removed, but this does not mean that the seats parents have already purchased are being recalled. I'm going to ask for some further clarification on this piece of the puzzle because it raises a couple interesting questions for me.
Any seats imported starting January 1, 2011 will have to comply with the new standards.
One of the things I've heard and read is that the new law taking effect in January has the minimums of 22lbs and walking unassisted to ff. This isn't completely accurate - remember that provinces are responsible for the enforcement of the legislation surrounding the use of child restraints. The changes taking effect in January are to the CMVSS regulations - which manufacturers are required to follow.
The change is not a federal law stating that a child must be 22lbs and walking unassisted to ff - the change is to the regulations that manufacturers are required to meet. And while this may seem like a very small difference, it is important because federal law doesn't tell parents what is or isn't a legal way to transport their children, nor is it the legislation referred to when issuing tickets - provincial law is.
So what is the most accurate and simple way to talk to parents about the minimum requirements to ff?
Manufacturers are responsible for setting the minimums and limits may vary from model to model. In general, children need to be 22lbs, 1yr old, and walking unassisted before they can ff. (If the manufacturer states a minimum age anyways.)
That's really all there is to the basic bottom line. Leave the law out of it unless you know it inside out. It is sometimes easier and gives a greater air of authority to say "the law says" - but the truth is, unless your provincial law states 22lbs, 1yr old, and walking unassisted - then that's not what your law says.
Seats with 20lb minimum ff'ing limits will be out there that don't expire until 2018. With the exception of provinces out there who have a 22lb minimum in their law, it will remain legal for parents to ff a 20lb child in a 20lb ff'ing minimum seat if the child also meets the height and possible age requirements of the seat.
It is very important to not over-emphasize law, rather reasons should be what motivate a parent to follow best practice. We'd all love to see kids rf'ing longer, but not at the expense of giving out inaccurate information, or information designed to be interpreted a certain way.
All provinces have proper use, so that will mean that parents buying new seats with 22lb minimum ff'ing limits won't be able to ff prior to 22lbs - but 20lb minimum seats are going to be around for awhile even if it's just because a parent has a seat they used with their first child. This is why it is so important to explain things in a way that the parent understands - talk to them about the reason for something without scare tactics, but in language they can understand.
I'm a firm believer that almost all parents want to do what is best for their children given the chance - so take the chance and use it to educate - don't lean on the law unless you have to, and only then do it if you're reflecting the law accurately. Otherwise, reflect the minimums of the seat the child is in.
The fact is, more and more kids are 22lbs before a year anyways, and lots of kids are walking unassisted before their first birthday. So parents still need to understand the "why." They still need to make the choice to keep rf'ing beyond the minimums because they understand it is the best way to transport a young child and they want to protect their child as much as possible.
There is no ground lost in accurately reflecting that weight limits vary by models. And there is nothing wrong with stating that TC felt that 22lbs and walking unassisted was important enough to change the legislation surrounding the regulations that carseat manufacturers have to meet, and to then recommend that they rear-face to 22lbs even if they have a seat that allows ff'ing at the minimum of 20lbs. (Provided that the child restraint allows rf'ing to 22lbs or greater - never exceed any weight limit given by the manufacturer.) But unless your provincial law states 22lb minimum to ff, you cannot say that the new law requires 22lbs.
Yes, the transition period is confusing to techs - and it has to be confusing to parents as well if they're aware of it... but bottom line isn't really all that much different. And regardless, unless provincial law states 22lb minimum to ff, you can NEVER tell a parent it is illegal to ff a 20lb child in a 20lb minimum seat if the other requirements are met.
I hope that this clears things up a little bit. If not - ask questions please. I've been meaning to start this thread for awhile and haven't found time until now. :thumbsup:
