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Report-a-claim in the Lower Mainland by calling 604-520-8222 or 1-800-910-4222 for the rest of B.C.

Child Seats — Child Restraint Laws

Car crashes are sudden and violent. Your arms cannot hold onto an infant or child during a collision. But a certified, correctly installed child seat can.

The Law

Drivers must ensure that ALL infants and children are properly secured in certified child restraint systems. (Note: New child seat regulations will take effect in July 2008.)

Child Restraint Laws and obligations to drivers

(MVR stands for Motor Vehicle Act Regulation, MVA stands for Motor Vehicle Act).

MVR 36.01 A person shall not operate a motor vehicle in which there is a child under the age of 6 unless the driver ensures that the child is securely fastened by a properly utilized and adjusted restraint system which complies with the MVA.

Systems for infants

MVR 36.02 All infants, birth to 9 kg, must be restrained in a rear-facing restraint system which complies with the Canadian Motor Vehicle Safety Standard (CMVSS) 213.1.

Systems for toddlers

MVR 36.03 Toddlers weighing 9 to 18 kg in a motor vehicle driven by a parent or guardian, must be restrained in a child restraint that complies with the Canadian Motor Vehicle Safety Standard 213 which is installed in the vehicle with the adult seatbelt and a top tether strap. Toddlers driven by an adult who is not the parent or guardian may be restrained as defined in 36.03 or by a lap belt.

Systems for preschoolers

MVR 36.04 All children under the age of 6 not categorized in sections 36.02 and 36.03, shall be restrained by the lap belt.

$109 Fine for MVR 36.01 Infractions (includes 15% surcharge for research and trauma care)

The foregoing is a plain language summary to help you understand some of the laws affecting seatbelt and child restraint obligations, and the summary is of laws in force as at March 1, 2007. You should refer to the Motor Vehicle Act ("MVA") and the Motor Vehicle Act Regulation ("MVR") for a full statement of the law. In the event of a conflict between the foregoing summary and the MVA or the MVR, the MVA and the MVR prevail.

It is also important to understand that these laws have not yet been upgraded to encourage parents to use booster seats after the child has outgrown the forward-facing or convertible child restraint or child seat. Whether a preschooler or older, a child who has just outgrown such restraints will be safer in a booster seat when first using the adult seatbelt (approximately nine years old and 145 cm tall).

The child seat you should use...

NEVER place a rear-facing child seat in a vehicle seat equipped with an active front air bag. Injuries or death may result if the air bag inflates and impacts with the child seat.

Child seat regulations changing in July 2008

Starting July 1, 2008, new regulations will require that child passengers are appropriately secured according to their age and development.