Law & Legal & Attorney Traffic Law

Canadian Seat Belt Laws

    Canadian General Seat Belt Laws

    • Every person that rides in an automobile in Canada is required to wear a seatbelt, regardless of age, weight, height or any other physical factor. Children of a certain age and height are required to be placed in a child safety seat. Drivers are held liable for all passengers under 16 wearing safety belts or using car seats. Seat belts are to be properly fastened across the torso and lap.

    Child Seat Belt Laws

    • Children that have outgrown child safety seats, but are still not tall enough for regular seat belts to be used properly, must have a booster seat when riding. These seats are for children less than eight years old, weighing between 40 and 80 pounds, or less than four feet, nine inches tall. Any child that is either eight years old, over 80 pounds or four foot, nine inches tall or taller may wear a regular seat belt. Infants under 20 pounds must be placed in a rear-facing infant car seat. Children between 20 and 40 pounds should be placed in a front-facing car seat.

    Exemptions and Other Laws

    • A person is not required to wear a seatbelt in Ontario and several other provinces in the following situations: when driving in reverse, if given a medical certificate stating that the individual cannot wear a seat belt, if employed in an occupation requiring frequent entering and exiting of the vehicle (as long as the vehicle speed is less than 40 mph), if employed as a police officer and transporting a criminal, if in police custody, if employed by Canada Post and making regular deliveries, if employed as an ambulance attendant or being transported by ambulance, if employed as a firefighter and engaged in work in the rear of the vehicle that makes seatbelt use difficult, or if employed as a taxi driver with a passenger in the vehicle. (Taxi drivers must wear seatbelts if alone in the vehicle.)

    Penalties

    • A driver that is found not wearing a seatbelt can face a fine along with an added victim surcharge. Passengers in violation may also face penalties. Police officers in Ontario are allowed to ask passengers that appear, according to the officer's judgment, to be 16 or older for their address, name and date of birth, and can use this information to issue fines. Demerit points can also be added to the driver's record in certain provinces. An accumulation of these points could result in the suspension or revocation of a license. In Ontario, demerit points remain on the driving record for two years.

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