Canadian Laws on Child Restraints

CDNTech · Jun 14, 2007

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 · Jun 14, 2007

Thanks Jen!

I thought I would add in info specific to NS, from the Child Safety Link website. 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 · Jun 14, 2007

mommycat said:
Thanks Jen!

I thought I would add in info specific to NS, from the Child Safety Link website. 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 · Jun 14, 2007

aidensmom02 said:
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 · Jun 14, 2007

Jewels said:
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 · Jun 14, 2007

This is where I got my info about the MB carseats.. I thought they had updated the booster seat law

CDNTech · Jun 14, 2007

Jewels said:
This is where I got my info about the MB carseats.. I thought they had updated the booster seat law

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 · Jun 14, 2007

Okay

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

hipmaman · Jun 14, 2007

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 · Jun 14, 2007

hipmaman said:
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 · Jun 14, 2007

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 · Jun 14, 2007

hipmaman said:
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 · Jun 15, 2007

hipmaman said:
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.

aidensmom02 said:
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.

beeman · Jun 18, 2007

Jewels said:
This is where I got my info about the MB carseats.. I thought they had updated the booster seat law

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 · Jun 18, 2007

beeman said:
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 · Jun 19, 2007

Glad you like it.

CDNTech · Jun 22, 2007

Just bumping to keep this at the top

cantech · Jun 22, 2007

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 · Jun 22, 2007

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 · Jul 3, 2007

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.

Canadian Laws on Child Restraints

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