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.