Canadian Laws on Child Restraints

hipmaman

Moderator - CPST Instructor
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.
 
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CDNTech

Senior Community Member
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. :eek: They were the first officer's that came to mind as being across Canada.
 

dd9736

New member
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

Moderator - CPST Instructor
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

New member
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

Moderator - CPST Instructor
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

Senior Community Member
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

Moderator - CPST Instructor
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

New member
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

Moderator - CPST Instructor
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 Car Seats

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... :(
 

snowbird25ca

Moderator - CPST Instructor
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

Senior Community Member
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.
 

thrillhouse

New member
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

New member
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
 

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