C-24.2 - Highway Safety Code

Section 397 Disposition versions

2020-10-10

397. In a moving road vehicle, every child who is less than 145 cm tall or under 9 years of age must be restrained by a restraint system or booster seat that complies with the regulations under the Motor Vehicle Safety Act (S.C. 1993, c. 16). The restraint system or booster seat must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster seat is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child authorized by the Société, in accordance with section 398, to use a restraint system other than the one prescribed by the first paragraph.

If the first paragraph cannot be complied with, a child occupying a seat in a taxi, an automobile considered to be a taxi or a police car must be restrained by the seat belt with which the seat is equipped, except in the following cases:

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt or is authorized to partially wear it by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 47; 2018, c. 7, s. 101; 2019, c. 18, s. 238.

2019-04-18

397. In a moving road vehicle, every child who is less than 145 cm tall or under 9 years of age must be restrained by a restraint system or booster seat that complies with the regulations under the Motor Vehicle Safety Act (S.C. 1993, c. 16). The restraint system or booster seat must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster seat is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child authorized by the Société, in accordance with section 398, to use a restraint system other than the one prescribed by the first paragraph.

If the first paragraph cannot be complied with, a child occupying a seat in a taxi or a police car must be restrained by the seat belt with which the seat is equipped, except in the following cases:

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt or is authorized to partially wear it by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 47; 2018, c. 7, s. 101.

2018-04-18

397. In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster seat that complies with the regulations under the Motor Vehicle Safety Act (S.C. 1993, c. 16). The restraint system or booster seat must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster seat is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child authorized by the Société, in accordance with section 398, to use a restraint system other than the one prescribed by the first paragraph.

If the first paragraph cannot be complied with, a child occupying a seat in a taxi or a police car must be restrained by the seat belt with which the seat is equipped, except in the following cases:

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt or is authorized to partially wear it by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 47; 2018, c. 7, s. 101.

2008-06-12

397. In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster cushion that complies with the regulations under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16). The restraint system or booster cushion must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster cushion is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child exempted from using a restraint system or seat belt by the Société pursuant to section 398.

If the first paragraph cannot be complied with, a child occupying a seat in a taxi or a police car must be restrained by the seat belt with which the seat is equipped, except in the following cases:

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 47.

2006-04-19

397. In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster cushion that complies with the regulations under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16). The restraint system or booster cushion must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster cushion is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child exempted from using a restraint system or seat belt by the Société pursuant to section 398.

In a moving taxi, if the first paragraph cannot be complied with, the child must be restrained by the seat belt with which the seat is equipped, unless

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

2003-11-27

397. In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster cushion that complies with the regulations under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16). The restraint system or booster cushion must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster cushion is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child exempted from using a restraint system or seat belt by the Société pursuant to section 398.

In a moving taxi, if the first paragraph cannot be complied with, the child must be restrained by the seat belt with which the seat is equipped, unless

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles, de la Faune et des Parcs.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48; 2003, c. 8, s. 6.

2002-10-27

397. In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster cushion that complies with the regulations under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16). The restraint system or booster cushion must, in accordance with the manufacturer’s instructions affixed thereon, be suitable for the child’s height and weight and be securely attached to the vehicle.

However, the use of a restraint system or booster cushion is not mandatory

(1)  for a child occupying a designated seating position, within the meaning of the regulations under the Motor Vehicle Safety Act, not equipped with a seat belt by the vehicle manufacturer, provided no place equipped with a seat belt is available; or

(2)  for a child exempted from using a restraint system or seat belt by the Société pursuant to section 398.

In a moving taxi, if the first paragraph cannot be complied with, the child must be restrained by the seat belt with which the seat is equipped, unless

(1)  the child is clearly unable to maintain an upright position; or

(2)  the child is exempted from wearing a seat belt by the Société pursuant to section 398.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles.

1986, c. 91, s. 397; 1998, c. 40, s. 96; 2002, c. 29, s. 48.

1999-04-01

397. Every child under 5 years of age who occupies, in a road vehicle other than a taxi, a seat that is required to be equipped with a seat belt, must be restrained by another safety device that conforms to the standards of installation and use prescribed by regulation, unless he wears, properly fastened, the seat belt with which his seat is equipped.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles.

1986, c. 91, s. 397; 1998, c. 40, s. 96.

1987-06-29

397. Every child under 5 years of age who occupies, in a road vehicle other than a taxi, a seat that is required to be equipped with a seat belt, must be restrained by another safety device that conforms to the standards of installation and use prescribed by regulation, unless he wears, properly fastened, the seat belt with which his seat is equipped.

1986, c. 91, s. 397.