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Seat Belt and Child Restraint System Regulations

made under subsection 175(8) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2005-519 (November 24, 2005, effective January 1, 2007), N.S. Reg. 221/2005

as amended by O.I.C. 2008-439 (August 27, 2008), N.S. Reg. 366/2008


Citation

1     These regulations may be cited as the Seat Belt and Child Restraint System Regulations.

Section 1 amended: O.I.C. 2008-439, N.S. Reg. 366/2008.


Definitions

2     In these regulations,

 

“Act” means the Motor Vehicle Act;

 

“booster seat” means a child’s car seat that is designed to seat an older child and is used, together with a seat belt, as a child restraint system for the child;

 

“Canada Motor Vehicle Safety Standard 207- Anchorage of Seats” means section 207 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 208 - Occupant Restraint Systems in Frontal Impact” means section 208 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canadian Motor Vehicle Safety Standard 209 - Seat belt Assemblies” means section 209 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canadian Motor Vehicle Safety Standard 210 - Seat belt Assembly Anchorages” means section 210 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canadian Motor Vehicle Safety Standard 210.1- User-friendly tether Anchorages for Restraint Systems” means section 210.1 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canadian Motor Vehicle Safety Standard 210.2 - Lower Universal Anchorage Systems for Restraint Systems and Booster Cushions” means section 210.2 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213 - Child Restraint Systems” means Schedule 3, CMVSS 213 - Child Restraint Systems to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213.1 - Infant Restraint Systems” means Schedule 4, CMVSS 213.1 - Infant Restraint Systems to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213.2 - Booster Cushions” means Schedule 5, CMVSS 213.2 - Booster Cushions to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213.3 - Restraint Systems for Disabled Persons” means Schedule 6, CMVSS 213.3 - Restraint Systems for Disabled Persons to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213.4 - Built-in Child Restraint Systems and Built-in Booster Cushions” means section 213.4 of Schedule IV to the Motor Vehicle Safety Regulations;

 

“Canada Motor Vehicle Safety Standard 213.5 - Restraint Systems for Infants with Special Needs” means Schedule 7, CMVSS 213.5 - Restraint Systems for Infants with Special Needs to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations;

 

Motor Vehicle Safety Regulations” means the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada);

 

Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations” means the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations made under the Motor Vehicle Safety Act (Canada);

 

“out-of-Province vehicle” means a motor vehicle that is registered or required to be registered in a jurisdiction other than the Province and operated in the Province, but that is not required to be registered under the Act.

Section 2 replaced: O.I.C. 2008-439, N.S. Reg. 366/2008.


Child Restraint Systems


Passengers less than 9 years old must be secured

3     Except as provided in subsection 4(2) and Section 8A, a child who is less than 9 years old must be secured in a child restraint system when in a motor vehicle that is being operated on a highway.

Section 3 amended: O.I.C. 2008-439, N.S. Reg. 366/2008.


Classification of passengers less than 9 years old

4     (1)    A child who is less than 9 years old is classified into the following classes of passenger:

 

                (a)    infants: all children who are less than 1 year of age and those children of any age who weigh less than 10 kg (22 lb.) are classified as infants;

 

                (b)    young children: all children who are at least 1 year of age and weigh at least 10 kg (22 lb.) and less than 18 kg (40 lb.) are classified as young children;

 

                (c)    older children: all children under 9 years of age who weigh at least 18 kg (40 lb.) and have a standing height of less than 145 cm (57 in.) are classified as older children.

 

       (2)    A child who does not fit the criteria for the classes of passenger described in subsection (1) because the child weighs 18 kg (40 lb.) or more and has a standing height of 145 cm (57 in.) or more is not required to be secured in a child restraint system.


Standards for child restraint systems for infants

5     (1)    An infant in a motor vehicle that is being operated on a highway must be secured in a rearward-facing child restraint system that

 

                (a)    conforms to the requirements of Canada Motor Vehicle Safety Standard 213.1 - Infant Restraint Systems or Canada Motor Vehicle Safety Standard 213.5 - Restraint Systems for Infants with Special Needs; and

Clause 5(1)(a) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                (b)    is otherwise used in accordance with the manufacturer’s instructions.

 

       (2)    A rearward-facing child restraint system must not be used in a motor vehicle seat that is equipped with an active frontal air bag.


Standards for child restraint systems for young children

6     A young child in a motor vehicle that is being operated on a highway must be secured in a child restraint system that

 

                (a)    conforms to the requirements of 1 of the following standards:

 

                         (i)     Canada Motor Vehicle Safety Standard 213 - Child Restraint Systems,

Subclause 6(a)(i) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                         (ii)    Canada Motor Vehicle Safety Standard 213.1 - Infant Restraint Systems,

Subclause 6(a)(ii) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                         (iii)   Canada Motor Vehicle Safety Standard 213.3 - Restraint Systems for Disabled Persons,

Subclause 6(a)(iii) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                         (iv)   Canada Motor Vehicle Safety Standard 213.4 - Built-in Child Restraint Systems and Built-in Booster Cushions,

Subclause 6(a)(iv) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                         (v)    Canada Motor Vehicle Safety Standard 213.5 - Restraint Systems for Infants with Special Needs; and

Subclause 6(a)(v) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                (b)    is otherwise used in accordance with the manufacturer’s instructions.


Standards for child restraint systems for older children

7     An older child in a motor vehicle that is being operated on a highway must be secured in a child restraint system that

 

                (a)    conforms to Canada Motor Vehicle Safety Standard 213.2 - Booster Cushions, if it is a booster seat child restraint system, or 1 of the standards listed in clause 6(a), if it is any other type of child restraint system; and

Clause 7(a) amended: O.I.C. 2008-439, N.S. Reg. 366/2008.

 

                (b)    is otherwise used in accordance with the manufacturer’s instructions.


Out-of-Province motor vehicles

8     (1)    Sections 2 to 7 do not apply to a child in an out-of-Province vehicle, if the driver and passengers in the motor vehicle comply with all requirements for child restraint systems in force in the jurisdiction in which the motor vehicle is registered or required to be registered.

 

       (2)    Despite subsection (1), if the jurisdiction in which an out-of-Province vehicle is registered or required to be registered does not require a child who is less than 16 years old to be secured in a child restraint system, the child must wear a seat belt if a seating position with a seat belt is available to them.


Child restraint systems on buses

8A  (1)    In this Section, “manufacturer-installed system” means a system installed by a manufacturer in accordance with the following standards as required by Schedule III to the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada):

 

                (a)    Canada Motor Vehicle Safety Standard 207- Anchorage of Seats;

 

                (b)    Canada Motor Vehicle Safety Standard 208 - Occupant Restraint Systems in Frontal Impact;

 

                (c)    Canadian Motor Vehicle Safety Standard 209 - Seat belt Assemblies;

 

                (d)    Canadian Motor Vehicle Safety Standard 210 - Seat belt Assembly Anchorages;

 

                (e)    Canadian Motor Vehicle Safety Standard 210.1- User-friendly tether Anchorages for Restraint Systems;

 

                (f)    Canadian Motor Vehicle Safety Standard 210.2 - Lower Universal Anchorage Systems for Restraint Systems and Booster Cushions.

 

       (2)    Sections 3 to 7 do not apply to a child who is less than 9 years old when in a bus, school bus or transit bus being operated on the highway if there is no seating position with a manufacturer-installed system that allows the use of a child restraint system available to the child.

Section 8A added: O.I.C. 2008-439, N.S. Reg. 366/2008.


Seat Belt Exemptions


Letter signed by qualified medical practitioner

9     A person who is exempt from wearing a seat belt or child restraint system under clause 175(7)(b) of the Act must produce a letter signed by a qualified medical practitioner when requested by a peace officer and the letter must be received in evidence in any proceedings in any court without proof of the signature of the medical practitioner.


Motor vehicle used for transporting prisoners

10   The driver and passengers of a motor vehicle used for transporting prisoners are exempt from Section 175 of the Act while prisoners are being transported.