Child Restraining Devices Regulation

Child Restraining Devices Regulation, M.R. 89/2013 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 89/2013 Registered June 28, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions and interpretation 2 Application of definition "child restraining device" 3 Devices must comply with federal standards 4 Installation of removable devices 5 Use of child restraining devices 6 Reader's aid 7 Non-application of subsection 186(4) of the Act to infants and certain children 8 Non-application of subsection 186(6) of the Act to infants and certain children 9 Exceptions to requirement to use a child restraining device 10 Repeal 11 Coming into force Definitions and interpretation 1(1) The following definitions apply in this regulation. "Act" means The Highway Traffic Act . («  Code  ») "built-in child restraining device" means a child restraining device referred to in subsection 1(3). (« dispositif intégré de sécurité pour enfant ») "child restraining device" means the following: (a) infant restraint systems; (b) restraint systems for infants with special needs, (c) child restraint systems; (d) booster seats; (e) restraint systems for disabled persons, (f) built-in child restraint systems; (g) built-in booster cushions; (h) built-in dual-purpose restraint systems. (« dispositif de sécurité pour enfant ») " Motor Vehicle Restraint Systems and Booster Seats Safety Regulations " means the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations , SOR/2010-90, made under the Motor Vehicle Safety Act (Canada). («  Règlement sur la sécurité des ensembles de retenue et des sièges d'appoint (véhicules automobiles) » ) " Motor Vehicle Safety Regulations " means the Motor Vehicle Safety Regulations , C.R.C., c. 1038, made under the Motor Vehicle Safety Act (Canada). («  Règlement sur la sécurité des véhicules automobiles  ») "removable child restraining device" means a child restraining device referred to in subsection 1(2). (« dispositif amovible de sécurité pour enfant ») 1(2) The following terms have the same meaning as in the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations : (a) infant restraint systems; (b) restraint systems for infants with special needs; (c) child restraint systems; (d) booster seat; (e) restraint systems for disabled persons. 1(3) The following terms have the same meaning as in the Motor Vehicle Safety Regulations : (a) built-in child restraint system; (b) built-in booster cushion; (c) built-in dual-purpose restraint system. Application of definition "child restraining device" 2 In section 186 of the Act, "child restraining device" has the same meaning as in subsection 1(1) of this regulation. Devices must comply with federal standards 3(1) A removable child restraining device must comply with the standards and requirements of the Motor Vehicle Restraint Systems and Booster Seats Safety Regulations . 3(2) A built-in child restraining device must comply with the standards and requirements of the Motor Vehicle Safety Regulations . Installation of removable devices 4 A removable child restraining device must be installed and secured in the vehicle in accordance with the specifications of the device's manufacturer. Use of child restraining devices 5(1) For the purpose of subsection 186(9) of the Act, the requirements of that subsection apply to a passenger who meets all of the following criteria: (a) the passenger is less than nine years of age; (b) the passenger weighs less than 36 kg; (c) the passenger stands less than 145 cm tall. 5(2) For the further purpose of subsection 186(9) of the Act, a passenger described in clauses (1)⁠(a) to (c) must be properly seated and restrained in a child restraining device (a) that complies with (i) subsection 3(1) and section 4, or (ii) subsection 3(2); (b) that is, according to the device's manufacturer, suitable for a person (i) of the passenger's age, weight and height, and (ii) with the passenger's physical characteristics or special needs, if applicable; and (c) in which the passenger is seated and restrained in a manner that conforms to the specifications of the device's manufacturer. 5(3) To avoid doubt, when the child restraining device in which a passenger is seated is a booster seat, the passenger must, for the purpose of subsection 186(9) of the Act, be restrained by a seat belt in accordance with the specifications of the booster seat's manufacturer. Reader's aid 6(1) The following table is included as an aid to the reader in understanding the requirements of section 5: The following describes my child: Does my child require a child restraining device? My child is less than nine years of age, weighs less than 36 kg and stands less than 145 cm tall Yes My child is less than nine years of age but weighs 36 kg or more No My child is less than nine years of age but stands 145 cm tall or taller No My child is nine years of age or older No 6(2) The table in subsection (1) is included for convenience of reference only and does not form part of this regulation. Non-application of subsection 186(4) of the Act to infants and certain children 7 For the purpose of clause 186(5)⁠(h) of the Act, subsection 186(4) of the Act does not apply to a person if (a) the person meets all of the criteria listed in subsection 5(1); (b) the person is properly seated and restrained in a child restraining device in compliance with subsection 186(9) of the Act; and (c) the specifications of the manufacturer of the child restraining device do not require the person to be restrained by a seat belt while seated in the child restraining device. Non-application of subsection 186(6) of the Act to infants and certain children 8 For the purpose of clause 186(7)⁠(e) of the Act, subsection 186(6) of the Act does not apply to a person if (a) the person meets all of the criteria listed in subsection 5(1); (b) the person is properly seated and restrained in a child restraining device in compliance with subsection 186(9) of the Act; and (c) the specifications of the manufacturer of the child restraining device do not require the person to be restrained by a seat belt while seated in the child restraining device. Exceptions to requirement to use a child restraining device 9 Subsection 186(9) of the Act does not apply (a) to a passenger in a motor vehicle that is registered in another province or jurisdiction if that province or jurisdiction does not require the use of child restraining devices by persons who are the passenger's age, weight or height or who have the passenger's physical characteristics or special needs; (b) to a motor vehicle that is a rental vehicle and is rented for a period of 21 days or less; (c) to a passenger who is being transported for hire in a vehicle for hire as defined in The Local Vehicles for Hire Act ; (d) to a passenger if the passenger is named in a certificate signed by a qualified medical practitioner certifying that the passenger is, during the period stated in the certificate, unable for medical reasons to be seated or restrained in a child restraining device, and the certificate is produced to a peace officer on request; (e) [repealed] M.R. 260/2014 ; (f) to the casual and occasional transportation of a passenger in a vehicle that is driven by a person who is not the passenger's parent or guardian and is not equipped with a child restraining device that is suitable for the passenger's use in accordance with this regulation; or (g) to a motor vehicle that is not required to be equipped with seat belts by the Motor Vehicle Safety Regulations . M.R. 260/2014 ; 50/2018 Repeal 10 The Child Restraining Devices Regulation , Manitoba Regulation 411/87 R, is repealed. Coming into force 11 This regulation comes into force on the same day as The Highway Traffic Amendment Act (Use of Child Safety Seats) , S.M. 2012, c. 10, comes into force.